Activists oppose making rape gender-neutral

Times of India
July 20, 2012

Amid opposition from women's groups, the Union Cabinet on Thursday approved a proposal making rape a gender-neutral offence, under which the word 'rape' would be replaced by the phrase 'sexual assault'.

Other proposals, including making 'stalking' and 'acid attacks' specific offences, raising age of consent for sex from 16 to 18 years, preventing rape accused from questioning the character of victims and harsher punishment for custodial rape also got the Cabinet's nod.

All these provisions are part of a draft proposal, which seeks amendments in Indian Penal Code (IPC), CrPC and Indian Evidence Act. "Amendment bills will be brought in Parliament during the forthcoming monsoon session next month," said an official.

Mumbai Advocate Flavia Agnes said, "I oppose proposal to make rape laws gender-neutral. We had opposed it when the government made child rape laws gender-neutral. After the feminist wave of the 1980s, many countries in the West made rape laws gender-neutral. But, they have realized these laws are harming women more than men.

"There is physicality in the definition of rape, there is use of power and the victim has a stigma attached to her. If made gender-neutral, rape laws will not have the deterrence value and it will make it more complicated for judges in court.

"The consequences of rape for a woman are far-reaching. She has to battle social stigma, social mindset. While fixing marriages, nobody asks a man if he is a virgin."

Delhi advocate Vrinda Grover said: "Why should rape laws be gender-neutral? That would be making a mockery of what is actually happening in the country. There are no instances of women raping men. I don't think men are facing serious sexual violence as women. Consider the brutality and intensity of sexual violence against women. Hope the home minister does not put out a bill that delays or obfuscates discussions on the issue".

At present, the offence is defined under section 375 of the IPC, which deals with a crime where a man is said to commit 'rape' in case he has sexual intercourse with a woman against her will.

Speaking about the Cabinet's decision, the women and child development (WCD) minister Krishna Tirath said it had also been decided by the Cabinet that certain sections of CrPC or IPC, which define minors as below 16 years, would be amended and a uniform age bar of below 18 years, would be set as the legal age for minors.

Sexual assault likely to attract life imprisonment

July 19, 2012, Hindustan Times

The UPA government is finally ready with the Criminal Law (Amendment) Bill, 2012 to slap life imprisonment for sexual assault and acid attacks - seven years after it initiated a review of criminal laws.
The proposal that the cabinet will consider soon will replace the term "rape"
with "sexual assault" to make it gender neutral, allowing the victim for the first time to lodge complaints against the offender irrespective of sex. The Centre has also decided to widen the coverage under sexual assault, allowing victims of forced unnatural sex to lodge complaints with the police.
"Irrespective of the complainant's sex, the offence ... would attract a maximum punishment of life imprisonment," said a top government official.
The proposal - prepared by the home ministry - will also end the conflict between different laws by raising the age of consent for sex from 16 to 18 years across all laws.  
For tackling acid attacks on women, an addition to the IPC proposes a jail term from 10 years to life. It has been made clear that a fine of Rs. 10 lakh will be imposed on the accused, which will be paid as compensation to the victim.
What's more, in case a husband, legally separated from his wife, tries to indulge in forced sex, he could face a jail term ranging from two to seven years.
Laying down strong safeguards for victims, the police and courts have been barred from making complainants of below 18 years to face the accused.
Similarly, changes in the evidence law will include prevention of questions on the past conduct of victims.

Hindustan Times
June 09, 2012

Age of consent to be fixed at 18 yrs

The conflict between laws on the age of consent for sex will end soon with the government set to make changes in the criminal law to raise it from 16 to 18 years.

The controversy arose after Parliament last month passed a bill for the protection of children from sexual offences, which states that sex with a teenager below the age of 18, even if consensual, is a crime.

However, section 375 of the Indian Penal Code states: "A man is said to commit rape with a woman if he has sexual intercourse… with or without her consent, when she is under 16 years of age."

Following criticism over contradictory provisions, the law ministry has examined relevant laws and expedited the process to bring uniformity in them.

"It is a fact that, currently, there is a difference in relevant laws on the age for legal sex in India. The government is in the process of putting an end to all confusion," said a top ministry official.

He said a committee headed by former home secretary GK Pillai, with legislative affairs and law secretaries as members, had in its recommendations on rape laws already recommended that the age of consent be raised to 18 years.

The Protection of Children from Sexual Offences Bill, introduced by the women and child development ministry in Parliament in May, initially kept the age limit at 16 years, but raised it by two years following the recommendation of a parliamentary panel that examined the bill.

The panel had cited the United Nations Convention on Rights of Children and a number of Indian laws in favour of its argument.

"The committee notes that other laws such as the Indian Majority Act, the Indian Contract Act and the Juvenile Justice (Care and Protection of Children) Act define a child as one who has not completed 18 years of age," stated the parliamentary standing committee on human resource development

4.6.12

Times of India

Shame : Delhi  still India's rape capital

MUMBAI: Delhi continues to be the rape capital of the country, followed by Mumbai. Delhi registered 568 cases of rape, compared to 218 in Mumbai in 2011, National Crime Records Bureau (NCRB) statistics showed. In the 2007-2011 period, Delhi topped the chart, followed by Mumbai, Bhopal, Pune and Jaipur.

Among states, Maharashtra ranked fifth with 7,703 cases registered; Madhya Pradesh tops the list with 15,275, followed by West Bengal (11,427), UP (8,834) and Assam (8,060). The report showed that 75,257 accused (aged 18-30) were arrested in the 2007-2011 period across India; 38,845 fall in the age group of 30-45. From those aged above 45, over 9,000 were arrested, including senior citizens. Juveniles (below 18) come last in the list with 4,461 cases.

Investigators have found that the accused are known to victims in most rape cases.

"It is a social issue and it is impossible to come out with an initiative or strategy to curb such offences. Many cases registered are technical (with victim's consent)," said Mumbai police spokesperson and deputy commissioner of police (crime branch unit-l) Nisar Tamboli. "Offences are often committed by friends and relatives who lure the victim with false promises. Many times, offences are committed by unidentified persons and they easily escape arrest," he said.

Agreeing with police, psychiatrist Dr Harish Shetty figured out three reasons that lead a person to commit rape. "Anonymity, impulsiveness and power are some causes that make a person to commit the offence," Shetty said.

He said there was a system collapse in India. "There is hardly any fear left in the person who commits the offence. People should come together and form a community to fight for justice, to stop the serious offence. Then only can one find a solution," he said.

Former IPS officer Y P Singh said the police informally classify rape into two categories: technical and violent. "In case of technical rapes, there is an element of consent involved and there is no violence. Some examples are a lady caught red-handed in an act and then alleging rape; a man inducing a lady with a false promise of marriage and having intercourse. There have also been cases where departmental seniors have called for wives of suspended juniors to stop the husband being dismissed from service," said Singh.

3.6.12

 Mumbai Mirror

‘It took seven years, but in the end she got justice’

Woman who helped 9-yr-old mentally challenged girl testify against her rapist, recounts the challenges she faced

 When the Mahad police, first landed at her home with their request, Poornima Khade hesitated. The headmistress of a school for special children in the area, had no delusions that the job - helping a 9-year-old girl with Down's Syndrome tell the court that she had been raped - would be easy.
Over seven years later, as the Bombay High Court upheld a local court's order convicting the accused, Khade, now 36, is glad that she agreed. “I feel that whatever I have learnt has been of some use and has got this child justice.”
 
In December 2005, the victim had conveyed to her family that her neighbour Niranjan Jadhav, in their Managaon home (Raigad district), had raped her. The victim suffers from speech and hearing disability and, while Jadhav (then 53 year old) was arrested immediately, medical reports did not confirm rape. 

That's where Khade came in. The police wanted her to work with them and use her expertise with mentally challenged children to decipher what the victim said for the court.
 
“Our Suyog Special School for Mentally Deficient Children was the only such school at Mangaon,” said Khade, who holds a Diploma of Special Education in Mental Retardation.
‘I had to seek my mom's help to deal with the case’ Experience had taught Khade that such children would not easily accept a stranger into their zone of comfort. “I was afraid that this would go against her in court.”
The police were helpful, she added. “But, they were finding it difficult to understand what she was saying and the accused said the girl was lying. The PSI handling the case told me that we had to ensure that the girl got justice.”
 
Trial began at the Alibaug Sessions Court on June 6, 2006. Khade, who was in Mumbai for training, took the first available train home. The FIR, she adds, had graphic details of the assault. “I was shocked. The accused was old enough to be her grandfather and he had committed such a heinous act.”
“I was anxious and nervous about how to broach the conversation with the child.” She says that not having experienced sexual intimacy herself she wasn't sure about how to ask the girl to detail the sexual assault she had suffered. “I turned to my mother."
 
‘Judge promised victim ice-cream if she answered questions’
The first time she saw the victim, Khade remembers, the girl was clinging to her mother. Khade said that the court granted her request for time to get familiar with the child. “Over a few hours I asked her general questions: about her school, home, parents, play, toys, ice-cream. The judge who was supportive said he would treat her to an ice-cream if she answered the questions."
 
Eventually Khade started with the uncomfortable questions. “I broke them into small parts, asking her about her day, what was she wearing, where she sat in the accused’s home?“Slowly, I managed to get her to describe the assault. As she did this she became violent and aggressive and even screamed at one point,” Khade says, adding that the child was enraged and scared when she saw the accused in court.
The defence, Khade says, attempted to make it seem that the case had been forged, but she told the court “such children cannot lie. They do not understand what is a lie. They cannot connect things and then live up to a lie”.
 
Seven years later…
 
In January 2007, the sessions court convicted Jadhav and sentenced him to 10 years' rigorous imprisonment. Jadhav later challenged the order, and it came to the Bombay High Court the same year.
Relying on the victim's testimony and that of the family, Justice R Y Ganoo of the HC ruled that there was no reason to disbelieve the witnesses. The judgment was proclaimed in April.
Khade who now works with the forest department, to earn extra in order to sustain her school, says of the case, “I feel that whatever I have learnt has been of some use and has got this child justice. I am glad that the high court had faith in our deposition. The girl deserved justice.”

3.6.12 DNA Exploiters of children, beware Sania (name changed), 13, was abducted and forced to entertain drug addicts and paedophiles. This seventh standard student from a remote mountainous Doda district of Jammu and Kashmir, escaped from a trafficking net patronised by a Delhi businessman, two years ago. She was witness to spine-chilling accounts of how dozens of minor girls were kidnapped, drugged, sold, re-sold and forced to act as sex slaves. Every inch of her state may be dotted with security agencies but Sania’s case is stuck in a legal logjam. Her tormentors are yet to be punished. Further down, in the western state of Goa, it took almost two decades to blow the cover of Dr Freddy Peats, also known as Father Christmas. Since 1974 he ran an orphanage, Gurukul, for destitute children near Colva beach in South Goa. It was only much later that people realised that he was a child abuser who exploited these destitute children and sold them to paedophiles from abroad. He was arrested in 1991 and convicted to life imprisonment in 1996. The coastal state has seen a substantial growth in the number of foreign paedophiles, many of whom have evaded legal conviction due to grave loopholes in our legal system. Righting a wrong Child rights activists now believe that the new Child Sexual Abuse law approved by the parliament last week is a great deterrent to those who sexually exploit children. The new law will cover all new aspects of sexual offences against children not covered elsewhere, including protecting children against offences of sexual assault, sexual harassment and pornography. “The bill will protect children from sexual offences, as the burden of proof will be on the accused,” says Krishna Tirath, Women and Child Development minister. The minister says that often, the perpetrators of child abuse escape due to legal loopholes in the Indian penal code (IPC). The IPC does not spell out the definition of child abuse as a specific offence; neither does it offer legal remedy and punishment. All kinds of sexual offences, barring rape, are covered under Section 354. Child abuse involving anal and oral sex is not treated as rape but as molestation. The Protection of Children from Sexual Offences Bill, 2011 was earlier approved by the Rajya Sabha. Tirath said that all children below 18 years of age would now be treated as children, and that efforts have been made to keep provisions of the bill child-friendly. Fear of misuse During the debate, some MPs including Laloo Prasad Yadav raised the issue of misuse of thelaw. Earlier laws like TADA and POTA, where burden of proof rested with the accused, have seen repeated cases of misuse by the police who even book pickpockets and other petty criminals under those laws. Tirath, however, adds that provisions will be made to deal with false complaints. “Under the new law, even stalking a girl child could attract punishment, 10 years to life imprisonment, along with a fine,” says Tirath. The bill contains provisions for in-camera trial of offences. It also mandates the state governments to set up a Special Court to try the offences under the Act. As per the Bill, “whoever commits penetrative sexual assault on children shall be punished with imprisonment of either description for a term whichshall not be less than seven years but which may extend to imprisonment for life and shall also be liable.” It further says, “Whoever uses a child for pornographic purposes shall be liable for rigorous imprisonment which may extend to five years and shall also be liable to fine and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine”. Rising incidents of rape of children aged below 13 years have become a major worry in India, as the National Crime Records Bureau (NCRB) year after year comes out with figures of these atrocities. According to the 2011 report, there were a total of 26,694 reported cases of crimes committed against children in 2010. The national average rate for crimes against children was 2.3 per 100,000 people. The state of Madhya Pradesh, with 6.1% of the population, was responsible for 18.4% of all crimes against children; Delhi, with 1.5% of the population, was responsible for 13.6%. The states of Madhya Pradesh and Maharashtra accounted for 35.2% of child rape cases. Education is key More than stringent provisions of law, activists believe that promoting active participation in community life and nurturing that involvement through training and education was important to restore social health and stability. Child rights activist Hasina Kharbih also believes that laws alone would not protect children.

Emphasising the need for awareness, she demands incorporating child rights awareness as part of the curriculum, making it mandatory for all schools to teach children about child sexual abuse. “That will increase the level of awareness because then if a child faces sexual abuse, s/he will be more likely to report it to a concerned authority,” she adds.

The new sex code for teenagers

http://timesofindia.indiatimes.com/city/mumbai/The-new-sex-code-for-teenagers/articleshow/13654880.cms 

The writer has posted comments on this articleManoj MittaManoj Mitta, TNN | May 30, 2012, 05.37AM IST

Radical provisions of the new Protection of Children from Sexual Offences Act (PCSOA) are both empowering and threatening to teenagers accustomed to mixing freely with others. The cause for concern goes beyond PCSOA criminalizing teenage sex by increasing the age of consent from 16 to 18. Teenagers would do well to know how this 'child-friendly' law could affect their lives, for better or for worse, and how different it is from the corresponding IPC provisions dealing with adults.

Rape is gender neutral for juveniles

Under IPC enacted in 1860, "A man is said to commit rape." But under PCSOA, "A person is said to commit penetrative sexual assault." This means that when it comes to adults, only women can be raped. PCSOA for the first time recognizes the possibility of a boy being raped by a girl or a woman

Definition of "penetration" has been expanded

In IPC's conception of rape, penetration is a necessary condition and it has been traditionally limited to penile vaginal intercourse. In the corresponding provision of PCSOA, the penile penetration need not be only of the vagina; it can be of the mouth, urethra or anus of the child. It also covers situations where the offender "inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, urethra or anus of the child" . Equally unprecedented is the stipulation that oral sex with anybody below 18 would be treated as rape

Penalty for molestation of a child enhanced

Under IPC, any man who outrages the modesty of a woman is liable to be punished with a maximum imprisonment of two years. As a result of the public outrage over the Ruchika Girhotra case, PCSOA stipulates that any adult who molests a child shall be awarded sentences ranging from three to five years

No close-in-age reprieve for statutory rape

While increasing the age of consent from 16 to 18, PCSOA failed to provide the safeguard adopted in liberal societies of taking a lenient view of consensual sex with a minor if the age gap between the partners is within three years. The absence of such a safeguard can have draconian implications for hormonally driven teenagers

Burden of proof on the accused, not the victim

Doing away with the presumption of innocence, PCSOA states that for sexual offences committed against children, the burden of proof shall be on the accused rather than the victim. This opens up scope for abuse: for, even if the accused is a minor, the defence case will always have to be presented first during the trial

False complaint by a child not punishable

If an adult makes false allegations against somebody of committing a child sexual offence, such a person would be punished under PCSOA with imprisonment up to six months. But PCSOA exempts a child from such a liability. "Where a false complaint has been made or false information has been provided by a child, no punishment shall be imposed on such child." This means that if one teenager makes a false allegation against another, the former is statutorily protected from any liability.

The Protection of Children from Sexual Offences Bill, 2011

http://content.ibnlive.in.com/article/14-May-2012documents/full-text-bill-against-child-sexual-abuse-257839-53.html

Please listen to them

Aamir Khan May 14, 2012 Aamir Khan's Satyamev Jayate has been widely appreciated by masses as well as people from film fraternity. The excited actor spoke to media after the first episode of the show was aired. One of the biggest lessons for me, in the process of researching for the issue of child sexual abuse, came when I asked our expert Dr Anuja Gupta that when children are sexually abused, why do they find it difficult to tell their parents about it. Her reply was, “Are we listening to our children? Are we even capable of listening to them?” And that indeed is the big question. What is my relationship with my child? Am I listening to my child? What do I know of what is going on in my child’s head? Do I know his/her fears, dreams and hopes? Am I even interested? Am I friends with my child? Though my generation is perhaps more communicative with our children than that of our parents — at least, that is what we would like to believe — still, how many of us are really solidly connected with our children? How many of us really have the time and bandwidth that it takes for a healthy friendship? The truth is that only if there is healthy communication, trust and friendship will your child be comfortable and fearless to share everything with you. Obviously, we pray that no child has to ever face the trauma of sexual abuse; but if that does happen, the child should feel empowered to communicate this. It is only through conversations and communication we can build the ability to share our joys and fears. When these communication lines open up between parents and children, it becomes the starting point to sort out many issues. Then if something does happen with your child, he/she will feel free to immediately come and tell you about it and you will be able to address the problem then and there. The cornerstone of open communication is also trust. Our children observe us closely. They have an innate sense of being able to gauge our responses. If we want them to speak up, we should also ensure that we let them know that they will be believed. Yes, not just heard, but believed. Children are intelligent and intuitive, and we have to instill the confidence in the child that we are sincere about listening, and that we trust the child. The other big learning came from Padma Iyer, who is Harish’s mother. If a child does report sexual abuse, very often our first thought is — how can I take action against my own family member? Family ki izzat, hamari izzat mitti mein mil jaayegi, log kya kahenge, mere bachche ke saath aisa hua, toh is baat ko chhupao. Like Padma, first we refuse to admit the possibility of it happening, and then we try to hide it. And because we have hidden it, we are unable to take action on it. Through all of this, we are thinking of others, of society. But we forget to think about our child. That child who is perhaps four, five or six years old… who has been through something most traumatic… who is reaching out to us because we are the parent… and the child can only reach out to us… what about that child? Our child has to be our primary concern, everything else must be secondary. At such a time we should only be thinking of what our child is going through, and what we need to do for the sake of our child. That’s it. At the end of this process of healing, the child has to come out stronger and healed. And we have to do everything in our power to make that happen. Also, we have to start looking at child sexual abuse as a crime, because that’s what it is. When there is a theft in your home, don’t you kick up a ruckus and say, “Hey! Somebody came into my house and stole jewellery! What’s happening? What is the security doing?” But if abuse happens in your home, we hush it up. Why are you hushing it up? Has the child done something wrong? No. So why are you hushing it up? You should shout, “How dare somebody come to my house and do this to my child.” Kick up a ruckus! That person should be behind bars. Even the law enforcers need to really take this seriously. And above all… the child needs to know how much his/her safety and security means to you. I have already mentioned on the show that the Indian Parliament is working on a Bill regarding child sexual abuse and we look forward to a strong, effective, and well-implemented law for the protection of our children against sexual abuse. And we hope it happens soon. I’d like to leave you with a thought: perhaps the more closed or narrow minded we are about sexuality, the more repressed it gets, and then it manifests itself in ugly ways. I’m hoping that as a society in time we will reach a stage where we are not frightened of our sexuality. Rather, we learn to deal with it in a dignified, open, responsible and healthy manner. Satyamev Jayate! Aamir Khan's column will appear every Monday The views expressed by the author are personal

Should India Raise Age of Sexual Consent?

(The Wall Street Jounal - 27th April, 2012)

India’s Cabinet late Thursday okayed an amended bill aimed at combating sexual abuse of children, a move that could go a long way to address the widespread problem.

But activists, while generally welcoming the proposed legislation, have trouble with one of its provisions: raising the age of legal sex to 18 from 16.

The move, they caution, could push parents in a conservative country to use the new law to sanction elder children’s sexual behavior. And the police may also use the law to harass couples.

“It will lead to hundreds of complaints by parents to file reports of rape even though the child had consensual sex and no crime was involved,” said Nishit Kumar, a spokesman at Childline, a toll-free helpline for street children in distress.

Pooja Taparia, founder of Mumbai-based organization “Arpan” which works in the field of child sexual abuse, agreed, saying the law is likely to be misused by both parents and police.

Read Article http://blogs.wsj.com/indiarealtime/2012/04/27/should-india-raise-age-of-sexual-consent/

WHY MAKE THIS POOR LAW

Proposal To Make Sex Illegal For Teenagers Up To 18 Years Of Age Flies Against All Logic And Draws Fire From Experts

Anahita Mukherji & Shreya Roy Chowdhury | TNN


Adecade ago,canoodling couples in Bandra,an uptown Mumbai suburb,were rounded up by the police.A few months ago,a Ghaziabad policewoman pounced on young lovers on park benches,pulling the men by their ears and publicly humiliating them.Elsewhere,a group of mothers in Manipur are cracking down on teenage couples in restaurants,threatening them with sticks and videocameras.

While the countrys conservatives have,for long,declared war on adolescent sexuality,the law may be set to follow suit,with a new bill in the Rajya Sabha that criminalizes teenage sex.The Protection of Children from Sexual Offences Bill (2011) had a provision for consensual sexual activity between the ages of 16 and 18,but the caveat has now been dropped from the bill,effectively criminalizing teenage sex.It renders poor an otherwise good legislation.

Deleting the consent clause has created a furore among the countrys child rights activists,feminists and the medical fraternity.Many believe that the new law will not only lead to unnecessary police harassment of young couples,but also high-risk sexual behaviour in the absence of any social support.

Do we want to start punishing young people for premarital sex Do we want them to start wearing chastity belts The authorities have gone overboard in removing the age of consent for those between 16 and 18,especially in a scenario where young people are getting sexually active at an early age.This is stupid and goes against the child, says academic Madhu Kishwar,founder of Manushi,an organization that works for democracy and womens rights.

Meanwhile,the National Commission for the Protection of Child Rights (NCPCR) has taken a consistent view against criminalizing sexual exploration among those between 16 and 18.Penalizing such activities will only add to the confusion.The law can be used against both boys and girls.Anybody,from parents to neighbours,can complain to the authorities,who will,in turn,take action against the youngsters.As a result,something very natural will now become distorted,secretive and unacceptable.This will have consequences for how we organize our society and relations between boys and girls, says Shanta Sinha,chairperson,NCPCR.

The caveat for consensual sex between the ages of 16 and 18 has been dropped despite advice to the contrary from NGOs,advocates and organisations that represent women and children.While we are against the sexual exploitation of children,we have taken a position against criminalizing teenage sex,as those between 16 and 18 are known to explore their sexuality, says Nandita Shah,co-founder of Akshara,an NGO that works for the uplift of women,and was involved in consultations over the drafting of the bill.
Actor Rahul Boses The Foundation,which works towards fighting child sexual abuse,is among the organizations which have written to the government against criminalizing teenage sex.We know of instances where boys between 16 and 18 have been sent to jail for consensual sex with a girl.The new law is highly regressive and will result in an increase in such instances and also make it dangerous to engage in physical relationships.This,in turn,will lead to a rise in risky sexual behaviour.The health risks increase for girls,while boys will be threatened with jail.No gender will benefit, says Suchismita Bose,director,The Foundation.
Activists say theres nothing wrong in mutual consent sex in the age group 16 to 18,provided theres proper sex education and inculcation of awareness about sex-related risks.However,they draw a line when theres sex between,say,a 16 -year-old and a 40-year-old,as the possibility of the younger one being either forced or tricked is high.We need a nuanced law,not a blanket ban, says an activist.

The lack of sex education in schools does little to remedy the situation.While both psychiatrists and sex surveys point to the fact that teenagers are increasingly getting sexually active,and hence there is greater need than ever for sex education,a parliamentary panel headed by BJP leader Venkaiah Naidu had led the charge against the introduction of sex education in schools in 2009.

Doctors believe that the lack of information on sex,coupled with the threat of jail for teenagers indulging in sexual activity,is disastrous as it will make sex not just clandestine but a high-risk activity.Dr S Krishna Kumar,a gynaecologist from Thane,gets three to five cases of teen pregnancy a month,with the girls seeking medical termination of pregnancy.If sex between 16 and 17 year olds is a crime,such cases will be forced to go underground,resulting in an increase in unsafe abortions, says Kumar.

I have handled many teenage pregnancies.Youngsters,many of them under 16,are known to indiscriminately pop Ipills and other emergency contraceptives to prevent conception, says Ahmedabadbased gynaecologist Dr Rajal Thakker.

This bill will not serve any purpose.Age of sexual contact has gone down remarkably and the adult-child is a reality, says psychiatrist Dr Harish Shetty,president of the Counsellors Association of India.He feels that punitive law of this kind will not stop sexual abuse but only increase corruption.It refutes the changing times and is a denial of the current reality.Taking away the provision of consent puts a heavy price on any attempt at sexual exploration by kids in their lateteens.If a 19-year-old boy has sex with a 17-year-old girl,will you put him away in jail"asks Shetty.Besides,this will lead a spike in honour killings,suicides and parents of one child blackmailing others.While Ahmedabad-based clinical psychologist Dr Pooja Pushkarna describes the governments denial of adolescent sexuality as the ostrich-like approach,Delhi psychiatrist Dr Jitendra Nagpal says this is an over-ambitious attempt on the part of the government to alter behaviour patterns.It could lead to kids using more dangerous ways of experimenting or result in more young people eloping, says Nagpal.Sexual contact typically begins between the ages of 12 and 14 in our metros,he says.With intercourse starting between ages of 15 and 18.With the overwhelming opinion against criminalizing teenage sex,there is still time for a rethink.Although the cabinet has cleared the bill,Parliament should review the proposal and ensure our laws are in tune with the times.


With inputs from Radha Sharma in Ahmedabad and Neha Miglani in Chandigarh



UK MODEL



Age of consent 16

Protects under 16s from abuse Mutually agreed teen sex OK,unless it involves abuse If age gap is,say 16 & 40,law comes down harshly,but gap of 16 & 23 fine

THE LAW IN CANADA



Age of consent: 16 years,raised from 14 years on May 1,2008

Consent age 18 where sexual activity exploits youngster or in a relationship of authority,trust or dependency Sexual activity exploitative based on youngsters age,age gap,how relationship developed Exceptions: A 14 or 15-year-old can consent to sex as long as partner is less than five years older,theres no relationship of trust,authority or dependency If partner is 5 years or older than 14 or-15-year-old,sexual activity is criminal offence unless theyre married to each other

THE US STORY



Age of consent in the 50 states and DC range between 16 and 18

At age prescribed one can have sex with whomever they wish as long as the person is consenting and are same age or older Many states have age-gap provisions that legalize teen sexuality as long as they are within a certain age range In all states,dating,hugging,holding hands,kissing not illegal In some states,fondling,groping through clothes illegal

27/4/12 
DNA

Sex with minors to be treated as rape

The Union cabinet on Thursday approved the Protection of Children from Sexual Offences Bill, which will address sexual offences, sexual harassment and assault on children under 18 years of age.
According to the new law, having sex with persons below 18 years of age will be deemed as “rape”, irrespective of “consent or no consent”. The amendments to the law were suggested by the parliamentary standing committee which scrutinized the bill.

“In the original bill, the provision was not to treat consensual actions by and against children between the age group of 16 to 18 as crime,” a cabinet source said.

The parliamentary committee had expressed the view that once the age of the child had been specified as up to 18 years in the Bill, the element of consent should be treated as irrelevant up to this age and suggested that provisions related to age of consent should be deleted.

Section 375 of the IPC will now read as: “Rape will be committed with or without consent when the girl is under 16 years of age.” The proposed law also aims to protect children from offences, including sexual assault, sexual harassment and pornography.

Another amendment to the Bill was approved after which the responsibility to create awareness about the law would be vested in both the central and state governments, officials said.

The Cabinet, meanwhile, referred the Protection of Women Against Sexual Harassment at Workplace Bill, 2010, to a group of ministers as the women and child development ministry had proposed several amendments to it.— —With agency inputs

26.4.12 

Sexual offences against those under 18 may attract life term 

 Himanshi Dhawan TNN New Delhi:

The Union Cabinet is likely to discuss on Thursday a bill that will make sexual intercourse or ‘contact with sexual intent’ with a child— a person below 18— illegal. The sexual offences against children bill proposes tough penal provisions ranging from three years in jail to life term for a person convicted of sexual harassment, sexual assault, penetrative sexual assault or aggravated penetrative sexual assault. It also seeks to include sexual abuse of male children while bringing trafficking and using kids for pornography under the ambit of the new law. It is for the first time that a legislation will be brought to tackle offences specifically against children that are not dealt with under the existing laws.

The bill has dropped the ‘age of consent’ (16-18 years) clause following a recommendation by a House panel which argued that under existing laws like the Indian Penal Code and the Prohibition of Child Marriage Act, a person below 18 is considered a minor and there should be uniformity in laws. Housemaids included in harassment bill The Cabinet will also consider a bill aimed at cracking down on sexual harassment of women at workplace. Domestic helps will be included in it for the first time.

The bill makes it mandatory for workplaces, including homes, to set up an internal panel to redress complaints. P 12 Sex abuse of kids up, convictions down New Delhi: The sexual offences against children bill, which makes sexual assault against a person under 18 punishable with up to life term, has been mooted by the ministry of women and child development (WCD). According to the National Crime Records Bureau data, sexual offences against children, including rape, procuring of minor girls and buying and selling of girls for prostitution, shot 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 these cases were against kids below 14 and 3% against children under 10 years 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 by the WCD ministry found that more than 53% children had faced one or more forms of sexual abuse. More shocking, 50% of the 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. Times View: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.

Betrayed by the protector

In an era where bad news has become a daily staple and the severity of crimes against people reaches new lows every day, the recent report of a father raping his own daughter for over a year is exceptionally disgusting and repulsive. What does it say about our plunging moral ecosystem?

One of the worst crimes that can be committed is that where one exploits a person who one is expected to protect otherwise. A father's relationship with his daughter is fiduciary, i.e. one of trust. He is not just a financial provider to her, but is also her greatest source of protection in a dangerous world. She is his baby, whatever her physical age. When the protector turns defiler, can there be a crime worse than that?

In this situation, it's not just a sex crime that's being perpetrated. The real crime in this situation is the betrayal of that trust. Having been violated by her own father, the girl (who incidentally is a minor) has perhaps lost the ability to strike any healthy relationships during the course of her life. Her ability to think and believe in the inherent goodness of mankind has perhaps been tarnished forever.

Two issues require serious deliberation here. The first issue is more generic about society. Why does a rape victim have to face continuing (even lifelong) trauma? Why is she believed to have invited the calamity on herself when, in a free country, everyone is entitled to lead a life of one's choice? Why does the social taboo of 'being raped' multiply the troubles of a victim, never the perpetrator? Why is society callous towards the victim, and continues to berate her? Why is she not allowed to lead a normal life even after the crime, without anyone making snide remarks about her 'character'?

These questions say a lot about our society and its misguided beliefs, but never elicit a sensitive hearing from our political leaders, opinion-leaders, family-members and other stakeholders (other than some well-calibrated lip-service).

The second issue relates to the role of the girl's mother. It's not as if a crime of this brutality was committed in a moment of madness. This girl was abused several times by her father for over a year, and all this while, the mother kept quiet. She attributes her reticence to the fear of the family name being tarnished in an unforgiving society. It's not as if we are talking about an eminent family of the country, but just common people who are guaranteed anonymity anyway in a fast-paced city. She also feared being beaten up by her husband if she intervened to protect the child. However, her financial and emotional dependence on her husband cannot mitigate her role in the crime, one of omission rather than commission, but equally grave.

Can we move on to a world where girls are respected, nurtured and loved, rather than brutalized by their own parents?

--Shaina N C

Child Sexual Abuse Awareness Month

Create an understanding and open environment to help the child talk about the sexual abuse:
when children finally do talk about abuse,its very important to handle it carefully.
Rules in handling disclosure:
keep calm
believe the child
listen to the child
Answer the child's question honestly
Respect the child's privacy by not telling other people
Give positive messages:"I know you could not help",'Its not your fault',"I am with you" or "I am proud of you for telling".
Get professional help from counselors,doctors after taking the child into confidence.
Arrange a medical examination if necessary.