A Transdisciplinary Perspective on the Adolescent Consent-Abuse Binary

Abstract

Recently, there have been a plethora of judgments from courts across India, on the issue of adolescent consent for sexual decision-making and the POCSO Act’s criminalization of the same. This article begins with a brief overview of the socio-legal underpinnings of POCSO’s age of consent, the imperatives informing legislative intent to abstain from a lower statutory age, and crucially, ‘close-in-exceptions’ to legal consent. Subsequently, the authors discuss the implications of these age requirements, for POCSO’s implementation, from a child protection and criminalization perspective, and furthermore, highlight the imperative for the law to accommodate normative adolescent sexual development in its approach to consensual sexual engagement, as well as for consideration of the complexities of informed vis-à-vis manufactured consent in adolescent sexual engagements. The article concludes by highlighting the need for the application of transdisciplinary approaches, to developing methodologies, that assess adolescent consent in ways that resolve the consent-abuse dilemma.