Saturday, June 2, 2012

Proposed age of consent for sex from 16 to 18 regressive and draconian


Proposed age of consent for sex from 16 to 18 regressive and draconian The Government of India has proposed to enact new laws to prevent sexual offenses.In particular, it has proposed to increase the age limit for giving consent to sex from 16 to 18.However, it seems that the Indian Government has not applied its mind before making any such proposal. The Delhi High court recently declared that the proposal to raise the age limit for sex from 16 to 18 is regressive, undemocratic and draconian.Of course the court had valid reasons.Such proposals would only help the police authorities to harass the innocent victims.Besides, in the villages marriages are held mostly at an early age for which they cannot be faulted. While acquitting a person for the charges of rape against a minor girl,the court held that the government's proposal to raise the age limit of a person for giving consent to sex from 16 to 18 is unnecessary since it is draconian.Besides, before contemplating any such legislation adequate safeguards must be provided and there must be a realistic approach while deciding such cases. The case decided by the Delhi High court supported their point of view.A boy and a minor girl eloped together, got married,even had a child and were living together happily.Of course, subsequently, the parents of both families also solemnized their marriage.However, the girl's brother preferred a complaint of rape against the boy on the technical ground,when the girl eloped with the boy she was a minor.However, during the trial of the case, it was clearly proved that the boy and the girl eloped together only on the consent of the girl and consequently they even had a child.Taking all these circumstances into account, the boy was acquitted. Therefore, such cases clearly prove that sexual offenses committed during their minority will only lead to unnecessary litigation and criminal proceedings.Besides increasing the age of their consent from 16 to 18 will only lead to increase in such vexatious proceedings and unnecessary harassment of the innocent victims.Therefore, the Delhi High court rightly said the proposal to increase the age of consent from 16 to 18 is regressive and draconian.

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