Govt's move to lower age of consent to 16 from 18 years runs into opposition
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NEW DELHI: Serious opposition is building up to lowering the age of consent for consensual sex to 16 from 18 years with main opposition BJP expressing reservations to the move - a stance that can force the government to rethink its position.
Apart from the age of consent, key provisions of the Criminal Law Amendment Bill, intended to legislate tough laws on crime against women, are facing resistance from parties ranging from BJP, Trinamool, SP, RJD and Janata Dal (U).
Trinamool and BJP are objecting to a lower age of consent on the ground that this is in conflict with "conservative norms" of Indian society. "BJP is of the firm view that the bill should be passed in this session itself, but the provision lowering the age of consent to 16 years should be excluded from the present bill," a senior party leader said.
SP, RJD and JD (U) are uncomfortable with clauses dealing with voyeurism and stalking. The sentiment - shared by many ruling coalition MPs - is that the bill puts the onus too strongly on an accused in cases of sexual harassment. The male-tinged viewpoint can see the bill run into rough weather at Monday's all-party meeting.
As apprehended by a section of the government, Muslim organizations too slammed the proposal to lower the age of consent from 18 to 16 arguing premarital sex or sex outside marriage was against social norms and culture.
Abdul Rahim Qureshi, assistant general secretary, All India Muslim Personal Law Board, said, "It is an irony that government proposes to lower the age of consent to 16 when marriageable age for girls is 18. Sex outside marriage is detrimental to society."
Taking note of the undercurrent in Parliament, official sources said the government may not make reducing the age of consent to 16 a sticking point, arguing that it was for the all-party meeting to indicate if 18 was more acceptable.
Government managers feel all parties need to put their positions upfront so that public opinion is informed about how Parliament stands on the bill. On its part, the government is committed to a law offering enhanced protection to women.
SP, RJD and JD(U) MPs are pointing to likely "misuse" of sections dealing with stalking and voyeurism to file false cases and are arguing that such a law will prompt employers not to hire women.
While the concern for women expressed by SP and RJD who are bitter opponents of the women's quota bill seems an after thought, government managers agree that some provisions of the law may need moderation.
BJP is wary of being seen as blocking the early passage of the law that also incorporates harsh punishment for rape and is likely to support the bill if its reservations on the age of consent are accepted.
BJP sources said the party is likely to suggest that the age for consensual sex be hived off from the bill for further consultation. It could be brought back to Parliament later as a minor amendment in section 375 of IPC to define statutory rape.
The government is keen to pass the law before Parliament goes into recess - a must to prevent the anti-rape Ordinance from lapsing - and it may have little option but to shelve a decision of the age of sexual consent.
The bill will still have to get past the opposition to stringent provisions dealing with offences like stalking and voyeurism. It is possible that the government may have to offer enhanced safe guards for these clauses to calm the apprehensions of MPs.
BSP chief Mayawati on Friday said her party would support the anti-rape Bill, even though her MPs said the nitty-gritty of its provisions were still being studied.
Her regional rival, SP, however, was at the forefront of the campaign against provisions of the anti-rape Bill passed by the Cabinet on Thursday. SP leader Ramgopal Yadav said that the party will oppose its provisions at the all-party meeting. "The proposed law has been framed on the recommendations of some mentally-retarded people," he told reporters here.
Interestingly, JD(U) was slightly at variance with the BJP on the Bill's early passage, with party leader and Rajya Sabha MP Shivanand Tiwari arguing against "rushing with such an important law just due to public pressure".
Senior RJD leader Ram Kirpal Yadav endorsed the view, saying that the finer points of the law needed to be nuanced and enough safeguards built in to prevent the likely misuse of stringent provisions against stalking and voyeurism.
TMC leader Saugata Roy, however, did not agree, saying stalking meant consistent harassment of the victim and voyeurism had a larger connotation than just 'eyeing' and referred to capturing a woman in a private moment.
"These should be retained as offences," he said but objected to lowering of the age of consent, saying that legalizing sex at 16 amounted to encouraging pre-marital sex, as the minimum age for marriage was 18 years.
Fortunately, for the government, its allies stand solidly behind it on the new anti-rape law. NCP leader D P Tripathi told TOI that with consensus emerging in the Cabinet on the provisions cleared on Thursday, his party was keen on its early passage in Parliament. The DMK, in any case, had pitched for reducing the age of consent for sex to 16 during the deliberations of the standing committee that cleared the Criminal Law Amendment Bill, 2012.
Apart from the age of consent, key provisions of the Criminal Law Amendment Bill, intended to legislate tough laws on crime against women, are facing resistance from parties ranging from BJP, Trinamool, SP, RJD and Janata Dal (U).
Trinamool and BJP are objecting to a lower age of consent on the ground that this is in conflict with "conservative norms" of Indian society. "BJP is of the firm view that the bill should be passed in this session itself, but the provision lowering the age of consent to 16 years should be excluded from the present bill," a senior party leader said.
SP, RJD and JD (U) are uncomfortable with clauses dealing with voyeurism and stalking. The sentiment - shared by many ruling coalition MPs - is that the bill puts the onus too strongly on an accused in cases of sexual harassment. The male-tinged viewpoint can see the bill run into rough weather at Monday's all-party meeting.
As apprehended by a section of the government, Muslim organizations too slammed the proposal to lower the age of consent from 18 to 16 arguing premarital sex or sex outside marriage was against social norms and culture.
Abdul Rahim Qureshi, assistant general secretary, All India Muslim Personal Law Board, said, "It is an irony that government proposes to lower the age of consent to 16 when marriageable age for girls is 18. Sex outside marriage is detrimental to society."
Taking note of the undercurrent in Parliament, official sources said the government may not make reducing the age of consent to 16 a sticking point, arguing that it was for the all-party meeting to indicate if 18 was more acceptable.
Government managers feel all parties need to put their positions upfront so that public opinion is informed about how Parliament stands on the bill. On its part, the government is committed to a law offering enhanced protection to women.
SP, RJD and JD(U) MPs are pointing to likely "misuse" of sections dealing with stalking and voyeurism to file false cases and are arguing that such a law will prompt employers not to hire women.
While the concern for women expressed by SP and RJD who are bitter opponents of the women's quota bill seems an after thought, government managers agree that some provisions of the law may need moderation.
BJP is wary of being seen as blocking the early passage of the law that also incorporates harsh punishment for rape and is likely to support the bill if its reservations on the age of consent are accepted.
BJP sources said the party is likely to suggest that the age for consensual sex be hived off from the bill for further consultation. It could be brought back to Parliament later as a minor amendment in section 375 of IPC to define statutory rape.
The government is keen to pass the law before Parliament goes into recess - a must to prevent the anti-rape Ordinance from lapsing - and it may have little option but to shelve a decision of the age of sexual consent.
The bill will still have to get past the opposition to stringent provisions dealing with offences like stalking and voyeurism. It is possible that the government may have to offer enhanced safe guards for these clauses to calm the apprehensions of MPs.
BSP chief Mayawati on Friday said her party would support the anti-rape Bill, even though her MPs said the nitty-gritty of its provisions were still being studied.
Her regional rival, SP, however, was at the forefront of the campaign against provisions of the anti-rape Bill passed by the Cabinet on Thursday. SP leader Ramgopal Yadav said that the party will oppose its provisions at the all-party meeting. "The proposed law has been framed on the recommendations of some mentally-retarded people," he told reporters here.
Interestingly, JD(U) was slightly at variance with the BJP on the Bill's early passage, with party leader and Rajya Sabha MP Shivanand Tiwari arguing against "rushing with such an important law just due to public pressure".
Senior RJD leader Ram Kirpal Yadav endorsed the view, saying that the finer points of the law needed to be nuanced and enough safeguards built in to prevent the likely misuse of stringent provisions against stalking and voyeurism.
TMC leader Saugata Roy, however, did not agree, saying stalking meant consistent harassment of the victim and voyeurism had a larger connotation than just 'eyeing' and referred to capturing a woman in a private moment.
"These should be retained as offences," he said but objected to lowering of the age of consent, saying that legalizing sex at 16 amounted to encouraging pre-marital sex, as the minimum age for marriage was 18 years.
Fortunately, for the government, its allies stand solidly behind it on the new anti-rape law. NCP leader D P Tripathi told TOI that with consensus emerging in the Cabinet on the provisions cleared on Thursday, his party was keen on its early passage in Parliament. The DMK, in any case, had pitched for reducing the age of consent for sex to 16 during the deliberations of the standing committee that cleared the Criminal Law Amendment Bill, 2012.
Courtesy: The Times of India
