LIJDLR

THE CLASSIFICATORY CRISIS IN ADOLESCENT JURISPRUDENCE: CONSENT, CULPABILITY AND AGENCY IN INDIAN LAW

Dr. Prabodh Kumar Garg, Assistant Professor, Faculty of law, Shia PG College, Lucknow (India)

Chhaya Singh, Research Scholar, faculty of law, University of Lucknow (India)

The adolescent in Indian law is a paradox, a person defined not by their own evolving mind but by the state’s contradictory demands. This paper argues that India’s legal framework is trapped in a fundamental classificatory crisis which can be understood as juridical ‘three-body problem’. Just as three celestial bodies pull each other into chaotic orbits, the legal concepts of consent, culpability, and agency exert mutually destructive gravitational forces on the adolescent subject. The first part of the paper argues that the Prevention of Children from Sexual Offences Act. 2012 constructs the adolescent as passive victim, legally incapable of sexual consent thereby criminalizing their romantic relationships and weaponizing the law for social control. The second part confronts the contrasting rationale under Juvenile Justice (Care and Protection of Children) Act 2015 which attributes adult-like culpability to adolescents accused of heinous offences. This rationale presumes a standard of maturity that the same legal system denies them in the intimate realm. Finally, it explores the void of agency in personal autonomy, where the adolescent is rendered a legal non-entity in matters of contract and healthcare, their will is subordinated to parental authority. Trapped in this legal triple-blind: too vulnerable to consent, mature enough for culpability, and too incompetent for self-governance; the adolescent is fragmented into three irreconcilable legal personas. This paper concludes that until the law moves beyond its rigid paternalism to embrace a functional, context-sensitive assessment of capacity, it will continue to manufacture injustice, ensuring that the young person remains a legal paradox, never recognized as a whole human being.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1651–1678.
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