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LATEST NEWS UPDATES | Bill proposes life term for sexual offences against kids-Himanshi Dhawan

Bill proposes life term for sexual offences against kids-Himanshi Dhawan

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published Published on Apr 26, 2012   modified Modified on Apr 26, 2012

On Thursday, the Union Cabinet is likely to discuss a bill that will make sexual intercourse or 'contact with sexual intent' with a child - which is any one below 18 years - illegal. The 'sexual offences against children bill' proposes tough penal provisions ranging from three years' imprisonment to life termfor a person who commits sexual harassment, sexual assault, penetrative sexual assault or aggravated penetrative sexual assault.

This is the first time that a legislation will be brought to tackle offences specifically against children that are not dealt with under existing laws. It also seeks to include abuse of boys while bringing trafficking and child pornography under the ambit of the law. The bill has dropped the 'age of consent' (16-18 years) clause after a controversial recommendation by a parliamentary panel that under the IPC and the Prohibition of Child Marriage Act, a person below 18 is considered a minor, and there should be uniformity in laws.

No age of consent for sex below 18 years

The removal of "age of consent" clause from the 'sexual offences against children bill' effectively means any sexual interaction with any person below the age of 18 is an offence if either party files a complaint or if it is discovered. The earlier suggestion that 16 be considered the age of consent and 18 the age for marriage has been done away with.

The bill recommends 10 years of imprisonment extendable to life imprisonment and fine for aggravated sexual assault. The bill says if a person commits sexual harassment if he uses words or shows body parts to a child with sexual intent, shows pornography to a child or threatens to depict a child involved in sexual act through the media. The penalty is imprisonment for up to three years and a fine.

The bill mooted by the ministry of women and child development (WCD) is in response to the increasing incidents of sexual offences against children. However, these are dogged by a low conviction rate.

According to National Crime Records Bureau (NCRB) data, there was a significant increase in sexual offences against children which included rape, procuring of minor girls and buying and selling of girls for prostitution -up from 2,265 in 2004 to 5,694 in 2009. Out of 20,890 reported cases of rape in 2009, nearly 24% were against children. A worrisome trend was that 11% of the cases were against children below the age of 14 years and 3% against children below the age of 10.

WCD officials said the conviction rate of rape cases had come down to 30.7% in 2009 from 38.7% in 2001, indicating that children were targeted as they were unable to testify convincingly against the accused.

A study on child abuse conducted by the WCD ministry found that more than 53% children reported having faced one or more forms of sexual abuse. More importantly , 50% abusers were reported to be known to the child or were people who were in a position of trust or responsibility with respect to the child.

Raising of the age of consent for sex from 16 to 18 must be seen as a step back, not a forward movement. At a time when the puberty is known to be setting in much earlier than in the past and when social mores are getting easier about sexuality, this looks like an attempt to roll the clock back. This is clearly not going to prevent young adults from exploring their sexuality. All it will do is to provide scope for undue harassment of teenagers indulging in consensual sex. If we are serious about emotionally and otherwise protecting our adolescents, the way to go is more sex education and counselling, not trying to make the act itself illegal.

The Times of India, 26 April, 2012, http://timesofindia.indiatimes.com/india/Bill-proposes-life-term-for-sexual-offences-against-kids/articleshow/12872879.cms


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