The government should not tinker with the age of consent — currently 18 years — under the Protection of Children from Sexual Offences (POCSO) Act, the Law Commission said in its report made public on September 29.
Instead, it advised the introduction of “guided judicial discretion” while sentencing in cases that involve the tacit approval of children in the 16 to 18 years age bracket.
The 22nd Law Commission, headed by Justice (Retired) Ritu Raj Awasthi, submitted its report (no. 283) to the Law Ministry on September 27. It was posted on its website on September 29.
The panel said that reducing the age of consent would have a direct and negative bearing on the fight against child marriage and child trafficking. It also advised the courts to tread with caution even in cases related to “adolescent love”, where criminal intention may be missing.
In his covering letter to Law Minister Arjun Ram Meghwal, Justice Awasthi wrote, “...The Commission is of the measured view that it is not advisable to tinker with the existing age of consent under the POCSO Act”.
Law Commission working towards simultaneous Lok Sabha, Assembly polls from 2029
The Law Commission is working on a formula to synchronise all Assembly polls by extending or reducing the tenure so that all State elections can be held along with the Lok Sabha polls 2029 onwards, sources said on September 29.
As the government has already set up a high-level panel to explore simultaneous polls for Lok Sabha, State Assemblies and local bodies, the Law Commission may also be asked to include the third tier of elections along with its current mandate for national and State-level polls.
The sources also said the panel is devising a mechanism to ensure a common electoral roll for Lok Sabha, Assemblies and local bodies to reduce cost and use of manpower for undertaking an almost identical exercise which is carried out now by the Election Commission and various State Election Commissions.
The Law Commission’s report on simultaneous polls is not ready as some issues are yet to be settled, the sources pointed out.
A mechanism is being devised to ensure that once Lok Sabha and Assembly polls are synchronised, voters go to the polling booth only once to cast their ballot for both the elections.
They said since Assembly and parliamentary polls are held in phases, the Commission is working out modalities to see that voters do not go to polling stations more than once to cast their ballot for the two polls.
One suggestion the law panel can make is to hold the three-tier polls in two phases in one year. In the first phase, Lok Sabha and Assembly polls can be held and in the second phase, local body polls can be organised.
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NEP 2020 | What are the objections to the Multiple Entry Multiple Exit system?
The Parliamentary Standing Committee on Education has flagged its concerns over a key element of the National Education Policy (NEP) 2020 – the multiple exit and entry system for students in higher education.
The Committee’s report, titled “Implementation of the National Education Policy (NEP), 2020 in Higher Education,” says that a policy of multiple entry/exit for undergraduate students may not work well in the Indian context. It took this view following strong objections from students and teachers. Already, some states, including Kerala, have refused to implement the multiple entry/exit system.
So, what is the rationale behind the government’s introduction of this feature in college education? How is it meant to work? And why are students and teachers opposed to it?
Punjab and Haryana High Court grants anticipatory bail to SAD chief Sukhbir Badal, ex-DGP Sumedh Saini in 2015 police firing case
The Punjab and Haryana High Court on September 29 granted anticipatory bail to Punjab’s former Deputy Chief Minister and Shiromani Akali Dal president Sukhbir Singh Badal, ex-Director General of Police Sumedh Saini and four other former police officers in connection with a 2015 case where the police allegedly fired on peaceful protesters at Kotkapura and Behbal Kalan in Faridkot district.
Granting the bail, Justice Anoop Chitkara said that it was not a case that required the pre-trial incarceration of the petitioners, that is, the accused. He pointed out that the latest Special Investigation Team (SIT) of the Punjab police, despite finding a prima facie case against the accused, had chosen not to arrest them, simply filing a police report instead.
“When the concerned Judicial Magistrate had directed the investigator to produce the petitioners-accused, they apprehended arrest and filed an application(s) for anticipatory bail before the sessions court, which was dismissed. Thus, if the State was interested in arresting the petitioners during the pendency of the trial, then nothing could have stopped them from doing so because, till that time, the petitioners had no favorable order, including any interim order,” Justice Chitkara said.
The court said that the SIT has already concluded the investigation, and thus did not need to interrogate the petitioners. “Furthermore, the evidence that was collected was based on eyewitness accounts and documentary or digital records. Thus, the question of custodial interrogation of the petitioners does not arise,” the judge said.
“The foremost parameter that requires consideration while granting anticipatory bail is the impact of the crime on the victim(s), society, and the State. In the present case, the magnitude of the crime was undoubtedly massive; still, the evidence collected against the petitioners is based on presumptions that the petitioners were involved in the conspiracy, and the evidence prima facie lacks evidence qua motive. It is not the case of the SIT that any accused was spearheading any campaign to hurt the religious feelings of the Sikh community and other people who have immense faith in Sikhism. Based on the quality of evidence, this Court cannot presume the existence of any conspiracy, and it is for the prosecution to prove the same during the later stages of the matter, if such stage arrives,” he added.
The petitioners — apprehending arrest for hatching a conspiracy for unprovoked firing upon peaceful protesters at Kotkapura and Behbal Kalan — had approached the High Court seeking anticipatory bail.
Nipah outbreak | Four infected patients in Kozhikode district of Kerala have recovered, says Health Minister
Four people, including a nine-year-old boy, who were under treatment for Nipah in Kozhikode, have recovered, Kerala Health Minister Veena George said on September 29.
Sharing the “good news”, the Minister said in a brief statement that they have tested “double negative” (they were tested twice and turned out to be negative).
A total of six people were infected with the virus in the district, two among them died.
Of the two deaths, the first person who died on August 30 was found to be the index case, or patient zero, from whom others caught the infection.
However, the district authorities urged people to continue their vigil against the virus infection, maintain social distancing and ensure the use of masks and sanitiser.
At least 55 people killed in two suicide blasts in Pakistan
A powerful suicide blast ripped through a mosque in Pakistan’s restive Balochistan province on September 29, killing at least 52 people and injuring over 50 others gathered to celebrate Prophet Muhammad’s birthday, authorities said.
Hours later, another blast at a mosque in Khyber Pakhtunkhwa’s Hangu city killed at least three people and injured five others.
The blast in Balochistan occurred near Madina Mosque on Al Falah Road in the Mastung district. No group has claimed responsibility for the attack.
Mastung’s Deputy Superintendent of Police Nawaz Gashkori, who was on duty for the rally, was among the deceased.
The explosion took place when people were gathering to mark Eid Miladun Nabi, the birth anniversary of Prophet Muhammad.
City Station House Officer Mohammad Javed Lehri said the explosion was a “suicide blast” and that the bomber exploded himself next to DSP’s car.
The bomb attack came a day after the Counter Terrorism Department killed a key Islamic State commander in the Mastung district.
Lehri said that the wounded are being shifted to a medical facility while an emergency has been imposed in the hospitals.
Some of the injured were in critical condition. Officials expressed concern that the number of casualties may increase.
Balochistan interim Information Minister Jan Achakzai said rescue teams have been dispatched to Mastung. He added the critically injured persons are being transferred to Quetta and that an emergency has been imposed in all the hospitals.
Soon after the explosion in Balochistan, the Punjab police also said that its officers were performing security duties for Friday prayers at mosques across the province.
Meanwhile, the Karachi police said that Additional Inspector General Khadim Husain Rind has directed the police to remain “completely on high alert” in view of the Mastung blast.
He directed the policemen to tighten security arrangements regarding Eid-i-Miladun Nabi processions and Friday prayers across the city, as well as to monitor any unusual activities.
In Brief:
Women’s reservation bill gets President’s assent
President Droupadi Murmu gave her assent to the women’s reservation bill which seeks to provide 33% reservation to women in the Lok Sabha and State assemblies. According to a law ministry notification issued on September 29, the President gave her assent on September 28. Now, it will be officially known as the Constitution (106th Amendment) Act.
Danish Ali asks PM to publicly condemn Bidhuri’s derogatory remarks, dole out “suitable punishment”
Urging Prime Minister Narendra Modi to issue a public statement against the derogatory comments made by the BJP’s Ramesh Bidhuri, Bahujan Samaj Party MP Danish Ali sought “suitable punishment” against the BJP MP. In a letter to Modi written on September 29, he also sought enhanced security in the wake of escalating threats. Ali expressed grave concern as a Member of Parliament over the “shameful events” that occurred on the floor of the House, and called on the Prime Minister to take note of it as the Leader of the House. He said that it was not just an attack on him as an individual, but an attack on the “very essence of democracy”.
Evening Wrap will return tomorrow.
