Physical intimacy won’t be illicit between 12-yr-olds, proposes new bill
For the first time in India, a special Bill has been prepared for enactment as a law to counter the cases of sexual offences against children.
Child friendly provisions in the new draft have been introduced as a step towards developing child jurisprudence in India. It is expected that after this becomes law, it will contribute to the safety and security of children and stringent punishment proposed under the Bill will act as deterrent for offenders.
The bill has been circulated to all state governments for their views/comments.
The draft of Protection of Children From Sexual Offences Bill, 2010 says that 12-year-old children will be allowed to have sex, srtrictly non-penetrative, with children of their age. The draft has been sent to states by the ministry of women and child development for their views.
The darft further says that the existing age of consent for sex is 16 years in India and there is need to introduce two brackets of age of consensual non-penetrative sex, like 12-14 years and 14-16 years.
The bill also says the maximum age gap between children in the age group of 12-14 shouldn't be more than two years and it shouldn't be above three years in the 14-16 group.
However, child rights activists have complained the proposed draft bill does not address the real issues.
Vikram Srivastava, Child Rights Advocate & Founder of Independent Thought, an NGO working for child rights, has said that the problem lies that we don’t try to understand Children, their lives and their views; even while we make laws for them.
“Neither a 12 year old is under the system of legal education in India nor the state will make an extra effort to make them aware and understand. With reality shows such as Big Boss right in our bedrooms in full view of children; this is nothing but opening up a Pandora box, he says
“There are three immediate concerns, firstly, the balancing of right to sexual education (theoretical) has got stretched too far to actual allow practical; secondly who guarantees that the sexual encounter would be restricted till non-penetrative; can adult guarantee? Thirdly, this will open an area of sexual exploitation of children, especially against children belonging from poor families for price by both adult and other children. What we many times forget, that whatever we propose, even within rights framework, should be tested on the touch stone of best interest of children,” he further added.
Protection of Children from Sexual Offences Bill (PCSOB), 2010, has been finalised and will most likely be tabled in Parliament in the next session. PCSOB will be superior to all other existing provisions of IPC. This new draft could be termed mother of all legislations to protect children (up to the age of 18) from sexual exploitation.
The bill, which may soon become a law, expands the definition of incestuous sexual assaults to include, apart from parents and family members, to relatives, teachers, heads of institutions, staff, managers, etc.
It makes persons having knowledge of such attacks - media, hotel where the assault has occurred, hospitals, studios, neighbours, relatives — accountable for reporting the matter to police and proposes punishment otherwise.
“The term incest is seen as limited to relations with father or brother. An attempt has been made to widen its horizon to include all those people who are related to the child in some way,” Bharati Ali of Haq, an NGO for child rights, said. Ali was part of the bill making process.
Getting wiser with the Ruchika Girhotra case, the government has realised that molestation is a mild term.
Hence, for the first time, sexual harassment has been made a crime against children too, which will include any sort of misbehaviour with a child done with “sexual intent”.
Uttering a word, or making a sound (like whistling) or a gesture or exhibiting any object or body part with “sexual intent” to attract the attention of a child will be seen as sexual harassment attracting punishment up to three years in jail.
“We have tried to cover all aspects of sexual assault to provide better protection from sexual abuse while stipulating stringent punishment as a deterrent. This will contribute to a sense of security among children and allow them to live with freedom and dignity,” women and child development minister Krishna Tirath said.
The bill proposes innovations such as child-friendly courts and procedures and punishment for not reporting offences and for false complaints and information. In cases where the victim is below 16, the onus of proving that s/he has not committed the offence will be on the accused.
The bill covers all aspects of sexual offences - aggravated, aggravated penetrative, assault by armed and security forces and school authorities. Physically incapacitating a child or causing him/her to become mentally ill, even if temporarily, making a girl pregnant, inflicting HIV/AIDS or any other life-threatening disease or infection that may incapacitate a child will be seen as an aggravated form of sexual assault.
The punishment for penetrative sexual assault has been proposed as at least five years in jail and a minimum fine of R 50,000.
To prevent misuse of this law, there is deterrent factor on false complaints and false information leading to six-month jail term.
Police officers investigating such cases shall ensure that victims do not come in physical contact with accused and do not see them while testifying.
A harsher punishment has been prescribed if offences under the bill are committed by public servants, police officers, security or army officers or persons in position of trust or authority.
(first published on http://daily.bhaskar.com/article/NAT-TOP-physical-intimacy-wont-be-illicit-between-12-yr-old-partners-1807943.html)
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