'Regressive' bill on legal age for sex gets Cabinet nod

April 27, 2012

regressive

New Delhi, April 27: The Union Cabinet on Thursday cleared a Bill that seeks to raise the age of legal sex from 16 to 18, provoking sharp criticism from child rights activists, who called it a regressive step.

The Protection of Children against Sexual Offences Bill, 2011, says sex under the age of 18 - even if consensual - would be deemed as statutory rape and an offence that would be tried under the Juvenile Justice Act carrying a maximum punishment of three years imprisonment.

Activists are taken aback by the move as it comes at a time when sexual mores have become easier and the global trend has been one of puberty coming at an earlier age. The Bill, which sailed smoothly at the meeting, was slammed by activists and legal experts who said it was out of tune with the reality of sex ceasing to be taboo among youth.

The legislation makes India an exception among democracies that have stuck to 16 years as the age for legal sex.

While the UK has 16 as its age of consent, Canada and the US follow a nuanced approach exempting minors of the same age or close-in-age from punishment.

The Bill has dropped the term "age of consent", which, according to many, allowed for consensual sex among individuals aged 16 and above.

The change was prompted by a controversial recommendation by Parliament's standing committee on HRD. The panel said that the "age of consent" provision was inconsistent with the Indian Penal Code and the Prohibition of Child Marriage Act both of which recognize 18 as the legal age for sex, and asked for the removal of discrepancy. The committee, in other words, by inference deemed that sex outside marriage was undesirable - again a position that is held to be retrograde.

This move in the name of uniformity has activists and experts up in arms. Former Law Commission member Kirti Singh criticized it saying that this would amount to "criminalizing'' sex between young people. "The remedy to young people indulging in sexual activity is not by clamping down through law and enforcement. This will have a negative impact on the false cases of rape, kidnapping and honour killing.''

Bharti Ali of HAQ: Centre for Child Rights was equally scathing. She termed it a "ridiculous'' amendment and a statement on the Indian attitude towards sex. "We don't want to talk about sex with our children and when they want to explore, we put them behind bars. This will only be misused by police and sends a wrong signal to children,'' she added.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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Agencies
February 11,2020

Bhadohi, Feb 11: With just two days left for the State Budget Session, a widow from Uttar Pradesh''s Bhadohi district has accused BJP MLA Ravindranath Tripathi and six others of sexual harassment over the years, the police said.

The incident is likely to cause considerable embarrassment to the ruling Yogi Adityanath government.

Bhadohi Superintendent of Police (SP) Ram Badan Singh said: "The woman, whose husband died in 2007, met the BJP MLA Ravindranath Tripathi''s nephew in 2014. She said that she was physically exploited by him for many years on the pretext of marriage."

The complainant also said that the nephew then got her lodged in a Bhadohi hotel for about a month during the 2017 Uttar Pradesh Assembly elections, "where she was raped by the MLA and his other family members".

The case has been handed over to the Additional Superintendent of Police for further investigations.

A case is yet to be registered.

The Uttar Pradesh Budget Session starts from Thursday.

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Agencies
May 6,2020

New Delhi, May 6: The Central Board of Indirect Taxes and Customs (CBIC) has extended the validity of electronic way (E-way) bills, whose expiry date fell between March 20 and April 15, till May 31.

"Notification No. 40/2020-Central Tax issued to extend the validity of e-way bills till May 31 for all those e-way bills which were generated on or before March 24, 2020 and had expiry between the period from March 20 to April 15, 2020," the CBIC tweeted on Tuesday.

E-way bill is produced by transporters and businessmen before a Goods and Services Tax (GST) inspector for moving goods worth over Rs 50,000 from one state to another.

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