The Government on Monday gave in to pressure from various political parties that wanted it to increase the age of consensual sex from 16 to 18 years in the Anti-Rape Bill and introduce some safeguards to prevent misuse of the legislation that will be introduced in the lok Sabha on Tuesday for Parliament’s approval.
However, as a mid-way solution, a provision of one-time probation for teenagers in the age group of 16 to 18 years indulging in consensual sex has been introduced, to satisfy a major section which wanted the reduction in age to decriminalize sexual acts by youngsters, sources said.
Also, in view of the apprehensions expressed by most of the parties that the provisions regarding stalking and voyeurism could be misused, the Government has conceded to delete some of the vague phrases like “watching” and causing “mental distress” as they could be misused to harass people, sources pointed out.
If the offence of stalking and voyeurism is being committed for the first time, it’s a bailable crime. Also, stalking has been properly defined so that only persistent acts qualify for punishment under the new Bill.
Regarding the age of consent, they clarified that if the male involved in the sexual offence is about 18 years of age and the girl is between 16 to 18 years then it will be treated as statutory rape. But in case the boy involved in the consensual sexual act is also between the age of 16 to 18 years, then he will get one time probation. But repeating the offence will be treated as rape.
The Government agreed to bring these changes after two-rounds of brainstorming sessions with various parties.
later the Cabinet, chaired by Prime Minister Manmohan Singh, met in the evening and approved the revised Criminal law (Amendment) Bill.
Parliamentary Affairs Minister Kamal Nath said that the Bill has been revised and approved by the Cabinet without diluting the stringent provisions to check crimes against women.
During the all-party meeting parties like the BJP, SP and RJD contended that lowering the age of consent will legalise and promote teenage sex and pose a threat to social norms and family values.
The BJP insisted that the age of consent be kept at 18 and agreed to a proposal that a first time offender below this age should be sent on probation with a warning.
“We have conveyed our sentiments to the Government during the all-party meeting. We hope our views will be incorporated in the final draft of the Bill,” leader of Opposition in Rajya Sabha Arun Jaitley told The Pioneer.
Jaitley claimed that the Government has agreed to water down and put certain
safeguards in the Bill on voyeurism, stalking, disrobing and a police personnel’s refusal to file an FIR.
While the anti-rape Ordinance had a provision for imprisonment in case of disrobing of a woman in public, now it is a crime even if a woman is disrobed in private without consent.
A cop will not be suspended if he does not file an FIR in cases of voyeurism and stalking but this action will follow in case of refusal to file an FIR in case of rape.
A proposal of the Government to penalise women filing false complaints was also dropped after objections from certain quarters.
For Women and Child Development Minister Krishna Tirath, raising the age of consent to 18 years is a major victory as she had always been in favour of this and was isolated in the Cabinet and Group of Ministers on the issue.
She had been taking the plea that since the age of marriage is 18 and in the legislation to prevent sexual offences against children the age is 18, so for uniformity the age of consent should be kept at 18 years.
Meanwhile, the Cabinet decided to defer discussing amendments to the Food Bill due to the absence of Finance Minister P Chidambaram, Defence Minister AK Antony and Health Minister Ghulam Nabi Azad from the Cabinet meeting as they had gone to Chennai to hold discussions with DMK patriarch M Karunanidhi.