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LATEST NEWS UPDATES | Raising age of consent for sex to 18 regressive, undemocratic: Court-Smriti Singh

Raising age of consent for sex to 18 regressive, undemocratic: Court-Smriti Singh

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published Published on Jun 1, 2012   modified Modified on Jun 1, 2012

Terming a new law that raises the age of consent for sex from 16 to 18 years "undemocratic" and "regressive", a trial court feared it would act as a "tool for the police to harass minors".

The Protection of Children from Sexual Offences Act ( PCSOA), passed by Parliament in the recently concluded session, criminalizes all sex by teenagers.

"Such a move would open the floodgates for prosecution of boys for offences of rape on the basis of complaints by girls' parents irrespective of whether the girl was a consenting party," said additional sessions judge Virender Bhat, in an order passed earlier this week.

While the court made it clear that it was against teenage sex and shared the concern of parents and the government, it said raising the age bar was not a solution. Imparting sex education in schools was a better option, it said.

"Good virtues cannot be inculcated and good conscience cannot be imbibed in a child by legal provisions. It would be better and wiser to leave this job to parents and school teachers... Children need to be imparted sex education in the schools," the judge said while sending a copy of the order to the secretary, law department and chairman of the National Law Commission as a suggestion from the court.

The observations were made while acquitting one Sandeep Paswan, facing trial for kidnapping and raping a minor girl who had eloped with him. The two had married at an Arya Samaj Mandir in Lucknow.

According to the police, the 15-year-old girl had gone missing from her house in January 2011. Her father then reported the matter to the police on February 17, 2011 and an FIR was registered. The girl was found in August 2011 from a village in Uttar Pradesh where she was living with Sandeep as his wife.

While absolving Sandeep of the charges, the court noted that it was clear from the girl's testimony that she eloped with him as they were in love.

The court said, with the advent of cable television, internet and rapid changes in biological factors, children were getting exposed to knowledge about sex and marital relations at an early age. "With the result, cupid strikes them at an early age, before they attain majority.... Since parents are always opposed to such an alliance, may be rightly so, the loving couple elope," the judge observed.

The court said even boys in some cases become victims as they do not understand the consequences of their actions and are sometimes lured by the girl.

"Such cases should be an eye opener for the worthy lawmakers of our country, who, I understand, are contemplating raising the age limit for consensual sex from 16 to 18 years. Gone are the days when a child of 16 or 17 years of age was ignorant about sex and the desire to have sex," the judge said.

The order comes on the heels of another judge, additional sessions judge Kamini Lau raising similar concerns.

Times View

We are in complete agreement with the observation of this trial court that the new law is likely to become a tool to harass teenagers rather than one that protects them. Unfortunately, the law has already been passed by Parliament and given presidential assent. We would still urge our lawmakers to reconsider what they have done and amend the law to ensure that consensual teenage sex is not criminalized. Neither Parliament nor the government should see this as a matter of their prestige. What is important is what is good for our young and that should remain the prime consideration. Sticking to a bad law does not enhance the authority of the state, it diminishes it.

The Times of India, 1 June, 2012, http://timesofindia.indiatimes.com/india/Raising-age-of-consent-for-sex-to-18-regressive-undemocratic-Court/articleshow/13694982.cms


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