Consensual sex with minor not crime: Delhi court says

[Cheetah786]

Can some one please tell me what was the question that was asked?

 

[livingdead]

Below the age of 18, consensual sex not being a crime is a welcome move. But the caveat should be that it should be limited to sex between consenting individuals who are both under the age of 18, and the age difference should not be greater than 2 years. Also there should be a lower age limit which I believe should be set at 14, which is perfectly practical.

yes.. the new law criminalizes sex between 15 and 18 year old.. there is a demand of 'proximity clause' ..and to keep it around say 4 years.
Here is an article on our new rape laws...

BBC News - Explaining India's new anti-rape laws

To be honest, 18 is BS. Typical sarkari head in sand attitude. Kids are having sex. Lots of it. When we were in school, it was by the 9th/10th. I am sure it is earlier now. So what is sense in making it a crime? Don't police have more important things to do? Keep the age as 14, i.e. high school kids, the moment they hit the 8th grade.

it was in reaction to the rape that happened in delhi... was done without much deliberation.. as a knee jerk reaction... check the link i gave.

 

[Enemy]

Absurd observation by court, there have been changes in criminal law after in famous Delhi bus rape case then how came these comments ?

Ganda soch, gandi harkateh, gandegi gandegi... charo taraf faileh hue hai... ek bhi jagah saaf sutra nehi bacha... One should escape India.

From World Health Organization

The consequences

Pregnant adolescents are more likely than adults to have unsafe abortions. An estimated three million unsafe abortions occur globally every year among girls aged 15-19 years. Unsafe abortions contribute substantially to lasting health problems and maternal deaths.

Having babies during adolescence has serious consequences for the health of the girl and her infant, especially in areas with weak health systems. In some countries, adolescents are less likely than adults to obtain skilled care before, during and after childbirth.

Complications from pregnancy and childbirth are the leading cause of death among girls aged 15-19 years in many low- and middle-income countries. Stillbirths and newborn deaths are 50% higher among infants born to adolescent mothers than among those born to mothers aged 20-29 years. Infants of adolescent mothers are also more likely to have low birth weight, which can have a long-term impact on their health and development.

WHO | Adolescent pregnancy


Some one posted on ToI section:

This judgement may be misused by Asaram to protect himself. Also, this judgement may open the flood gate of child marriages.

And one replied to it:

Sir, even if this judgment had not come, Asaram has plenty of money and power to influence any case. That's the sad reality.

 

[Pandora]

Wow that is one fucked up judge.

 

[GR!FF!N]

@hinduguy

we should be practical with this..you know as well as I know that teens are having sex without much care of consensual sex age..I think Indian law should criminalize sex with below 13 age(just like Japan and UK)..and some morons here is asking what about a 13 year old girl do sex with 40 year old man??for them,I've only one question to ask,so,you guys will now dictate who will have sex with whom??thats one fuc*ed up logic..we criticize muslim countries for being too strict with this kind of things while right now,we're doing the same thing here..

but then again,we'll experience some huge uproar against it..

 

[Kloitra]

This is what the judge said.

The court rejected the plea of police and Delhi Commission for Women (DCW) that POCSO Act mandates there must be total prohibition upon teenagers or adolescents from having any kind of sexual relationship.

"I am afraid, if that interpretation is allowed, it would mean that the human body of every individual under 18 years is the property of state and no individual below 18 years can be allowed to have the pleasures associated with one's body.

"But there lies a greater responsibility on all of us, the state including police in spreading and creating public awareness about the impact of girl or boy marrying at a tender age or indulging in unsafe sexual activities," Additional Sessions Judge Dharmesh Sharma said.

http://newindianexpress.com/nation/...nce-under-POCSO/2013/08/26/article1752853.ece

 

[KingMamba]

It is actually really complex but we could learn from them as they have these laws for so long now. Given that we copied the democracy and constitution from them(WEST) and etc etc. Any way in some states it is 16 and some it is 18. But you can still have sex with girls younger than 18 given you are with in 3 years of her age. If more that is she is 17 and you are like 25 or anything like that it will considered illegal even if you have girls consent. May be some American forumers @TruthSeeker can eleborate more.

Yes you are right it is 16-18 here in the US and there is like a 3-4 year window of leeway for couples. I need to know this.

 

[rohitx007]

Consensual sex with minor not crime, Delhi court says - The Times of India

NEW DELHI: A city court has observed that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.

The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl's consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed.

...........................................................

So now any man can have sex with a, say, 8 or 10 year old girl child in India! All you need to do is to get her consent giving her a candy!

What a fcuked up place!

I am a lawyer and please let me clear this confusion created by Times of Indian. Hon'ble Court nowhere said that consensual sex with a girl aged below 18 years does not constitute an offence but it said that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act. Sex with a minor is rape within definition Section 376 of Indian Penal Code. Both laws are different and purpose of both laws are different. This news paper published this crap with this false title only to sensationalize its story.

 

[SQ8]

I am a lawyer and please let me clear this confusion created by Times of Indian. Hon'ble Court nowhere said that consensual sex with a girl aged below 18 years does not constitute an offence but it said that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act. Sex with a minor is rape within definition Section 376 of Indian Penal Code. Both laws are different and purpose of both laws are different. This news paper published this crap with this false title only to sensationalize its story.

In essence, while one law will not get you.. the other will? I.e if two teenagers have sex, will it be considered rape? or If an older man has sex with a teenager(with her consent); is it still rape according to the law?

 

[Shabaz Sharif]

Now, should Indians start teaching children below, say, 5 yrs, sex education?

How about the pedophiles?

Are you out of your mind?



Yes, one should distribute condoms to nursery kids?

How about giving condoms to infants?

Pair zameen par hai ya hawa me ghum raha hai?

Off topic but maybe Indians are right, you are indeed false flagger. Dont Indians use "D" and not "R" like Pakistanis?

 

[rohitx007]

In essence, while one law will not get you.. the other will? I.e if two teenagers have sex, will it be considered rape? or If an older man has sex with a teenager(with her consent); is it still rape according to the law?

Yes, you are right because purpose of one law is different from another. If anyone commit rape with a minor then he is accused of rape under Section 376 of Indian Penal Code and he will be punished under same section. He cannot not be punished for same offence under two laws because it is against legal doctrine of double jeopardy which means a person cannot be punished twice for a same offence.

If two teenager have sex then it will be considered rape but the boy will not be tried by court. He will be tried for rape by Juvenile Board according to Juvenile Law and he will not be punished according to Indian penal Code but according Juvenile Act.

If a older man has sex with a teenager even with her consent then it is still rape because consent of a minor is considered no consent according to law.

 

[livingdead]

Off topic but maybe Indians are right, you are indeed false flagger. Dont Indians use "D" and not "R" like Pakistanis?

not everywhere.. only when pronunciation is like d ... sadak , chidiya... ladki

 

[Shabaz Sharif]

not everywhere.. only when pronunciation is like d ... sadak , chidiya... ladki

In that case ignore my post. @Enemy

 

[livingdead]

In that case ignore my post. @Enemy

not that I am saying he is not ...
the usual heroine's dialogue in prem chopra situation looks really odd "kameene ... chhod de mujhe"

 

[AHMED85]

i think this Judge have Consensual sex with minor so as declaring all this for to escape or providing future path....