Inconsistencies in Age of consent in multiple laws has jeopardized the child protection regime

‘Tough to bring sex in child marriage on a par with age of consent’

Written by Utkarsh Anand | New Delhi | April 17, 2014 1:23 am

In India, a person can be booked for rape if he indulges in a sexual relation with a woman less than 18 years of age. But he may marry at 12, or at an even younger age, and can validly consummate the marriage at 15. For, what relevant laws provide for are:

• Minimum age for a valid marriage: 18 years
• Minimum age at which one can marry and make it valid on turning 18: As low as one likes
• Minimum age at which a couple, married or otherwise, can have sex: 18 years
• Minimum age at which a couple can have sex when married as children: 15 years

This apparent contradiction in the law on the age of consent may have fettered the battle against child marriage in India — having more child brides than any other nation in the world — but the government has chosen to concede to the “social realities of the nation”.

The Centre has told the Supreme Court that it was deemed “not appropriate and practical” to remove this anomaly since there were at least 23 million child brides in India, who constitute nearly half of all child brides in the world. An attempt to bring sex in child marriages on a par with age of consent as others will lead to various “social tensions”, it said.

   

Significantly, in October last, the government had refused to sign the first-ever global resolution on early and forced marriage of children, led by the UN which was supported by 107 countries. India had refused to sponsor the measure, stating that the resolution’s definition of early marriage was vague.

Now, responding to a PIL that demanded removal of this disparity on age of consent, the Ministry of Home Affairs (MHA) conceded that while it was making efforts “in a discreet manner”, to prohibit child marriage, making the age of consent uniformly as 18 would throw up several other issues.

The PIL by organisation ‘Independent Thought’ has emphasised that Exception 2 to Section 375 of the IPC allows sexual relationship with a married girl at the age of 15 whereas under all the others laws, a person below the age of 18 is a child.

This contradiction in law, the PIL said, encouraged sexual relationship with a girl child under 18 because she is married.

However, the MHA said its stand on the issue of marital rape was “pragmatic” since marriage, being a social institution, is the bedrock of the society and ought to be protected.

The affidavit mentions stringency of the law on prohibiting child marriage but waters it down by saying: “It is a fact that child marriages do take place in India. The social, economic and educational developments in the country is still uneven and child marriages are taking place.”

The court will take up the government’s affidavit on Thursday.

Source: Indian Express

Most Polling Booths inaccessible in Bangalore

There are several such voters who can do with some facilities
from the election authorities. File photo: S.S.Kumar (The Hindu)

Most of the 7,700 polling booths in Bangalore are seen to be not accessible to those with physical disabilities.

A middle-aged, physically challenged woman came to exercise her franchise at the Government Urdu Primary School in Palace Guttahalli here during the Assembly elections in May 2013. The wheelchair-bound woman could not enter the polling booth as there was no ramp. Eventually, her son and husband arranged for a plastic chair, eased her into it and lifted her to go inside the booth, after which she cast her vote.

Most of the 7,700 polling booths in Bangalore are seen to be not accessible to those with physical disabilities. Though the Election Commission has promised to make arrangements to help such people cast their votes, Chief Electoral Officer, Karnataka, Anil Kumar Jha admitted that it may be difficult to ensure such facilities at booths located on the various floors of a building.

Sunil Jain, founder of Astha, an organisation working for people with disabilities, said that the authorities, when it is difficult to make such booths accessible to such people, should make efforts to at least identify booths with a large concentration of people with disabilities so that necessary arrangements can be made there. With the 2011 Census identifying 1.8 per cent of the population in Bangalore as living with disabilities and NGOs estimating their percentage at 2.7, Mr. Jain, himself wheelchair-bound, said that persons with disabilities constitute several thousands of Bangalore’s 76 lakh electorate. In addition, there may be several persons with temporarily disabilities that they have suffered in accidents.

Policemen help a voter with disability at a polling
booth in Virugambakkam. Photo: S.S.Kumar (The Hindu)

Astha has written to Mr. Jha urging him to launch a drive through SMS under which those with disabilities can send their Voter ID number to a designated mobile number and indicate their nature of disability. Also, it has cited an initiative taken up by the Chief Electoral Officer of Delhi, providing for registration of those with disabilities and their nature of disability on a website and urged Mr. Jha to replicate this experiment in the State.

Through this, Mr. Jain said, the authorities can generate data of persons with disabilities booth-wise and take alleviating steps. In response, Mr. Jha said that he would examine the suggestion made by Astha. But he was sceptical about implementing it as elections are barely two weeks away.

Mr. Jain, however, said that a deadline for registration can be fixed and the data can be shared with officials in-charge of booths designated for those with disabilities to make necessary arrangements for such voters.

Mr. Jha said that instructions have been given to election officials to give preference to those with disabilities when they come to vote. “They will not have to wait or stand in a queue,” he added.

Though all Electronic Voting Machines (EVM) are Braille-enabled, Section 49 N of the Conduct of Election Rules 1961 allows a blind or a physically infirm person who is unable to recognise the symbol on the ballot paper/EVM, to be accompanied by another person.

Mr. Jain said that the Election Commission should begin compiling data of persons with disabilities on its rolls by including a provision for registration in Form 6 submitted at the time of enrolment.

Source: The Hindu - Bangalore needs – disabled-friendly polling booths