Law to save Whom?- Sex with kids getting Legalised

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.

TOO YOUNG

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
US 16-18
UK 16
SPAIN 13

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.
Opinion on the minimum age is divided.Aparna Bhat,a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill,said the gradation of age down to 12 years was to decriminalise sexual exploration by children.
Under the existing law,if two 12-year-olds get physical and if one childs parent complains,the other can be pulled up by the Juvenile Justice Board.The panel felt such minor things should be decriminalised,she said.Raaj Mangal,chairperson of the Delhi Child Welfare Committee,said the Bill could prove disastrous if it comes into effect.Twelve,given the mind and maturity of a child,is not an age to give consent.In the name of decriminalising,you cant keep sexual acts between children out of the notice of the authorities.
Former CBI director RK Raghavan felt the attempt to draw a distinction between an act involving penetration and one not involving penetration would create confusion in the minds of investigators.Disputes regarding the age of the offender or the victim,which will be many,will dilute the objective of protecting children, he said.
Others like Nina Nayak,chairperson of the Karnataka State Commission for the protection of child rights,called the Bill absolutely unacceptable.The Juvenile Justice Board is anyway lenient to children in conflict with law.Even if a minor rapes a minor,the child in conflict with law is just admonished and sent away.There is no need for a new law to make sexual acts between children permissible, she said.

DRAFTING A CHANGE

Section 3 of the proposed Bill lists the exceptions of unlawful sexual act with a child:

(i)

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

(ii)

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

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