Law to save Whom?- Sex with kids getting Legalised
February 1, 2011 Leave a comment
Non-penetrative sex for 12-yr-olds to be legalised
Arun Ram | TNN
Chennai: Twelve-year-old children will be legally permitted to have non-penetrative sex with others their age,according to a draft Protection of Children From Sexual Offences Bill,2010,which has been sent to all the states for their views by the ministry of women and child development.
The draft Bill also seeks to introduce a gradation in the age of consensual nonpenetrative sex (12-14 years and 14-16 years) against the existing age of consent for sex,which is 16 years.The age of consent in the United States is between 16 and 18 years,depending on the state you live in;in the United Kingdom,it is 16.Spain has one of the lowest ages of consent,at 13 years.
While a senior official of the ministry of women and child development confirmed that the Bill had been sent to the states,Union law minister Veerappa Moily said he was not aware of it.Twelve years is anyway not a proper age for a sexual act, he told The Times of India.
The Bill will soon be sent to the Cabinet,after which a parliamentary standing committee will scrutinise it.Suggestions and objections from the states will be considered then,said a senior official at the ministry of women and child development.
Under proposed bill,no-penetrative sex between willing partners will be legal if
1Both are above 12yrs and age gap between them isnt more than 2yrs
2 Both are above 14yrs and age gap isnt more than 3yrs
AGE OF CONSENT
Govt confused by two Bills with the same name
Chennai: The law ministry too has been working on a similar Bill with an identical name,in which the age of consent is mentioned as 16 years,with no gradation as suggested by the new Bill.The circulation of two Bills with the same title has created confusion in the government.
DRAFTING A CHANGE
Section 3 of the proposed Bill lists the exceptions of unlawful sexual act with a child:
Any consensual non-penetrative sexual act penalised by this chapter… is not an offence when engaged in between two children who are both over 12 years of age and are either of the same age or whose ages are within two years of each other
When engaged in between two persons who are both over 14 years of age and are either of the same age or whose ages are within 3 years of each other