Cabinet approves tabling Bill afresh in Parliament
The Union Cabinet on Thursday approved tabling afresh in Parliament the Protection of Children from Sexual Offences Bill, 2011, which would make sexual contact with a girl below the age of 18 a criminal offence, even if it is consensual. The Bill was tabled in the Lok Sabha in March last year, and sent to the Parliamentary Standing Committee, which suggested some amendments, including making consensual sexual relationship with a girl under 18 a serious, criminal offence, punishable with life imprisonment.
Section Seven of the original draft of the Protection of Children from Sexual Offences Bill, 2010, did not provide for any punishment if consent for the sexual act was secured from a person aged between 16 and 18.
The Parliamentary Standing Committee suggested that the provisions of the Juvenile Justice Act, 2000, on media reporting, be incorporated in the Bill, in addition to making the National Commission for Protection of Child Rights the monitoring authority during trial. The law aims at protecting children against sexual assault, sexual harassment and pornography, and provides for establishment of special courts for trying such offences. It provides for treating sexual assault as an “aggravated offence” when committed by a person in a position of trust or authority, including a member of the security forces, a police officer, a public servant, and a member of the management or staff of a children's home, hospital or educational institution.
The original Bill provided for hefty monetary fines for the offenders, while the revised measure has left the decision on the quantum of fine to court discretion.
The Cabinet, however, referred to a Group of Ministers the Bill on the Protection of Women Against Sexual Harassment at the Workplace, following protests by Cabinet Ministers, as far as its implementation was concerned.
The Bill had included domestic workers, and public and private sector workers — organised or unorganised — on the recommendation of the Parliamentary Standing Committee.
According to a UNICEF survey, Indian girls are becoming sexually mature on a lower age, ie, at the age of 10 years now. Mumbai high court recently acquitted a teacher for indulging in sex with his student who was less than 16 because the 'victim' had given her consent. In changing times, issues like the age of consent, must be decided by social scientists and doctors, not by ministers; and no discrimination should be made on the basis of gender. Besides, small children indulge in sex activities out of curiosity or compulsion. We must accept the biological and social realities before formalizing a law. Law has a limited role. What we must stop is rape and coercion.
I agree with Uday Singh, the law should be applicable for ANYONE, regarless of sex or gender and NOT specifically for girls under 18 alone.
This dubious piece of legislation engenders more questions about the
sincerity of this spineless govt. Sadly, this seems to be a far cry
from real, pragmatic solutions that are really needed to tackle crime
against women.
There is no dearth of laws in this country. The problem is the
enforcement. Have these over-reaching laws managed to even reduce a
little bit, the blatant rapes that happen in day light in the heart of
Delhi, close to where the honorable ministers made this law? How many
of the rapists have been caught and punished ?
This new law will be yet another oppressive tool in the hands of a by-
and-large corrupt police, who anyways look the other way if the rapist
happens to be well-connected.
Rapists will continue to flourish, with the approval of the "law-
enforcers" (what a joke!). However, two consenting 17 year olds will
be guilty. The hypocrisy of this society knows no bounds!
This is a welcome ruling. Many, specially youngster will despise this ruling, but then they also despise many other rules, which they later understand and agree.
We also need law to punish any one distributing such images, including of theirs own! ..and if the image is of the person below 18, then it should draw a severe punishment, like child pornography.
This bill is regressive. In most nations the legal age for consenting to sexual activity is 16. To criminalize all consensual sexual activity below the age of 18 with "life imprisonment" is draconian and unjust. This will criminalize teenage lovers and send male teenage lovers to prison. This is just moral policing. Consensual sexual activity above the age of 16 should not be criminalized. Non-consensual sexual activity below the age of 16 can be criminalized. In a country where child marriages still occur in the name of caste and tradition, it is important sexual abuse of children below the age of 16 is criminalised. But consensual sexual activity of teenagers above the age of 16 should be made legal.
Below 18 you are not eligible to drive or vote or marry etc. but old enough to have sex? That was ridiculous. A good decision!
Good law from many perspectives. young girls made safer. Like Ravishanker, I too feel young boys need similar protection. We must not miss the fact that excessive release of testesterone in the body takes the mind out of control causing one to forget existance of such laws and commit sexual crimes. So allowing such children in privacy with likely offenders and attractive exposive dresses must also be banned
I don't quite understand why laws are not written in general but very particular to certain set of people. For example - why is it a crime if a minor girl is involved but not minor boy ? How does it treat consensual sex between minor boy and minor girl and who would be prosecuted?
More and more these days we see bills put through around the world that aren't properly thought out, and rushed.
Yet again, a bill that marginalises the rights of women, and treats them as less than what they are - equals. Punishing consensual sex doesn't solve the problem of rape, a problem that is in no way down to the woman.
We as a nation & society need to grow more & be able to think about all possibilities when making laws.
Why this law does not talk about a boy aged below 18? Why only assume sexual harassment will be inflicted by an adult man onto a minor girl?
It's too harsh for new generation.Why we are not facing the truth and
just throwing away the youth into orthodox chains.Sex with consensus is
nothing to do with punishment,it's quite natural and lot of people doing
it to,we are trying to hide ourselves in daylight.
So if two seventeen year olds have sex, they're both committing a serious criminal offence
worthy of extreme punishment by the State?
Very much needed for the society. Please include capital punishment also & not just life imprisonment. Punish those indulging with minor boys too. We need strong laws for crime against Children. Such would affect them mentally too
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