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Consensual sex with minor not crime: Delhi court says

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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.

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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! :lol:

What a fcuked up place!
 
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A minor girl is a girl who is under 18.

If consensual sex with a girl under 18 is legal, then having consensual sex with a five year old girl is also legal according to the verdict.


Readers, use your mind, and answer, do you support consensual sex with a five year old immature girl child?
 
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I actually like this judgement. No sex with girls below 18 years? Now that is absurd. HOw can you deny girls to have sex in their teens? A 17 year old girl having sex with her 19 year old boy friend. What is wrong with that? My only concern would be this could be abused by 40 year old guy having sex with 12 year old girl by forcing her to consent by threats or candy as you mentioned.
 
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I actually like this judgement. No sex with girls below 18 years? Now that is absurd. HOw can you deny girls to have sex in their teens? A 17 year old girl having sex with her 19 year old boy friend. What is wrong with that? My only concern would be this could be abused by 40 year old guy having sex with 12 year old girl by forcing her to consent by threats or candy as you mentioned.

Below 18 years but above what?
 
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Below 18 years but above what?

Obviously after puberty. U wud be illogical to expect a particular age number to start having sex. some gurlz get it at 12 and some at 15. now only pakistanis will expect a number for the start otherwise they will consider 'allowing below 18' as having sex with a 8 yr old. :D
 
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I actually like this judgement. No sex with girls below 18 years? Now that is absurd. HOw can you deny girls to have sex in their teens? A 17 year old girl having sex with her 19 year old boy friend. What is wrong with that? My only concern would be this could be abused by 40 year old guy having sex with 12 year old girl by forcing her to consent by threats or candy as you mentioned.

exactly.. many school kids have sex now a days.. should we criminalize them?
This specific judgement is not bad.. but I would not think the judge will do the same if the guy was say.. 30+.
 
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I just don't believe this! This is absurd!

Why are they doing this?

What can Women's Commission do now?

Might is right! Pure anarchy!

What does the women's commission have to do with this? Don't they only target women's rights? I think I should remind people that a large chunk of abused children are boys.

This matter should be taken up by India's human rights commission.
 
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You can read the comments posted by readers. I am posting some of them, some of them done through FB.

1. This sounds so sickening.what is the term 'MINOR" signify? If convincing decisions can be taken before 18, why is voting and marriageable age fixed at 18? Different yardsticks?

2. The Supreme Court must spell out whether the judiciary is in favour of annulment of the Law of Contract.

3. An idiotic judgement and a dangerous precedent indeed. Sex with a minor under any circumstances should be quantified as an offence. And the government could do better by making the definition of minor uniform across all religions.

4. Like Delhi Police, Delhi judiciary is also acting strange.

5. Amazing and pure intelligence in judgement. We will start seeing so many teen age pregnancies in schools and colleges starting from 7th Standard and this will indicate that India is moving forward day by day in wisdom and intelligence as we are having so many intelligence people in our parliament, media and judiciary. Today our population would be around 150 crores and in next 10 years it will jump to 200 crores.There would be so many abortions too and the great enlightened Judge is so intelligent that we are seeing so many wise people in our parliament, political parties, executive and media so frequently giving so many wise decisions for the future of India. Simply blessed will be Indian by 2020 as it will have a population of 200 crores to 250 crores and with so many teen age pregnancies and abortion in schools. . Thanks to many visionary people with amazing wisdom in parliament,secular political parites , judiciary executive and media.

6. Another SHOCKING verdict !!!!!!!!!!!!!!!!!!!!! A girl and boy below 18 has not attained maturity, They are living on parents money and do not know what is family planning, DON'T KNOW ABOUT AIDS, STD, CONDOMS etc. etc. Court want to let them enjoy only, and the consequences to be born by their parents.

7. If the girl is minor has she a right to take her own decisions? And if minor has a right to take decisions then minor must also suffer for their decisions. To have a right of taking decisions and escaping of its consequences is not logical. In our Indian penal code punishment for minors crime are not the same. Why so? Honorable Judge states "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 the state and no individual below 18 years can be allowed to have pleasures associated with one's body." To what extent this is true? I am puzzled.

8. How do the legal and medical experts gonna differentiate whether a minor had a consensual sex or an abuse?

9. How can a minor form a rational opinion? When you become too intelligent you forget the basic interpretation of Jurisprudence. The judges seem to "err" in applying the law for the intended purposes.

10. It is difficult to understand the law...Interpretation of law changes from judge to judge...Now Pandora box has been opened...

11. most oftime consenseus maybe out of fear ,,,,,,,,,,

12. How can an 8 year old girl or boy give consent to sex? Does she have the right frame of mind and cognitive ability to give consent to sex? They can be easily misguided and brainwashed. This order by high Court gives freedom to pedophiles. Stupid decision by respected judiciary.

13. The jugement can be greatly misused. as children can be threatened easily.

14. Mr Judge, you need to be more clear what do you mean by a minor.. 16 year old girl or 10 year old girl... If your statement applies to 10 year ols girl as well, you are out of your mind...

15. Strange are our courts and the judgements. Each judgement creates more confusion than before than bringing in clarity as to the interpretation of law & the spirit behind it. Now pedophiles can go about seducing children offering chocolates and use them in the name of consensual sex. If this is what the judgement wants to communicate then more harm is done to the society than any good.
 
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AND again, a little bit of background and legal knowledge might help the people here. Reminds me of the thread about live in relationships requiring a proper divorce under certain circumstances- no one bothered to educate themselves about the circumstances. The addendum (in all such cases) is very important gentlemen.
 
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AND again, a little bit of background and legal knowledge might help the people here. Reminds me of the thread about live in relationships requiring a proper divorce under certain circumstances- no one bothered to educate themselves about the circumstances. The addendum (in all such cases) is very important gentlemen.

trust toi to have such fcuked up provocative title.. in that case hindu did the mistake though. @Enemy this happened with conscent of girl.. this is not forced marriage or child marriage..
such marriages happen here in UK...

The judge should have the ability to decide whether the girl has been taken advantage of, or went on her own accord. The guy's age is also important here.
 
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abhi title ka problem ho gaya?

Did you read the comments I posted from ToI?

yes.. I read them.. most of them are reactionary and stupid comments. Teenage pregnancy is the reality.. nobody is promoting it but one cannot criminalize it....
have sex education and easy access to condom..
 
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