WHY MAKE THIS POOR LAW 

Proposal To Make Sex Illegal For Teenagers Up To 18 Years Of Age Flies Against All Logic And Draws Fire From Experts 

Anahita Mukherji & Shreya Roy Chowdhury | TNN 


Adecade ago,canoodling couples in Bandra,an uptown Mumbai suburb,were rounded up by the police.A few months ago,a Ghaziabad policewoman pounced on young lovers on park benches,pulling the men by their ears and publicly humiliating them.Elsewhere,a group of mothers in Manipur are cracking down on teenage couples in restaurants,threatening them with sticks and videocameras.
While the countrys conservatives have,for long,declared war on adolescent sexuality,the law may be set to follow suit,with a new bill in the Rajya Sabha that criminalizes teenage sex.The Protection of Children from Sexual Offences Bill (2011) had a provision for consensual sexual activity between the ages of 16 and 18,but the caveat has now been dropped from the bill,effectively criminalizing teenage sex.It renders poor an otherwise good legislation.
Deleting the consent clause has created a furore among the countrys child rights activists,feminists and the medical fraternity.Many believe that the new law will not only lead to unnecessary police harassment of young couples,but also high-risk sexual behaviour in the absence of any social support.
Do we want to start punishing young people for premarital sex Do we want them to start wearing chastity belts The authorities have gone overboard in removing the age of consent for those between 16 and 18,especially in a scenario where young people are getting sexually active at an early age.This is stupid and goes against the child, says academic Madhu Kishwar,founder of Manushi,an organization that works for democracy and womens rights.
Meanwhile,the National Commission for the Protection of Child Rights NCPCR) has taken a consistent view against criminalizing sexual exploration among those between 16 and 18.Penalizing such activities will only add to the confusion.The law can be used against both boys and girls.Anybody,from parents to neighbours,can complain to the authorities,who will,in turn,take action against the youngsters.As a result,something very natural will now become distorted,secretive and unacceptable.This will have consequences for how we organize our society and relations between boys and girls, says Shanta Sinha,chairperson,NCPCR.
The caveat for consensual sex between the ages of 16 and 18 has been dropped despite advice to the contrary from NGOs,advocates and organisations that represent women and children.While we are against the sexual exploitation of children,we have taken a position against criminalizing teenage sex,as those between 16 and 18 are known to explore their sexuality, says Nandita Shah,co-founder of Akshara,an NGO that works for the uplift of women,and was involved in consultations over the drafting of the bill.
Actor Rahul Boses The Foundation,which works towards fighting child sexual abuse,is among the organizations which have written to the government against criminalizing teenage sex.We know of instances where boys between 16 and 18 have been sent to jail for consensual sex with a girl.The new law is highly regressive and will result in an increase in such instances and also make it dangerous to engage in physical relationships.This,in turn,will lead to a rise in risky sexual behaviour.The health risks increase for girls,while boys will be threatened with jail.No gender will benefit, says Suchismita Bose,director,The Foundation.
Activists say theres nothing wrong in mutual consent sex in the age group 16 to 18,provided theres proper sex education and inculcation of awareness about sex-related risks.However,they draw a line when theres sex between,say,a 16 year-old and a 40-year-old,as the possibility of the younger one being either forced or tricked is high.We need a nuanced law,not a blanket ban, says an activist.
The lack of sex education in schools does little to remedy the situation.While both psychiatrists and sex surveys point to the fact that teenagers are increasingly getting sexually active,and hence there is greater need than ever for sex education,a parliamentary panel headed by BJP leader Venkaiah Naidu had led the charge against the introduction of sex education in schools in 2009.
Doctors believe that the lack of information on sex,coupled with the threat of jail for teenagers indulging in sexual activity,is disastrous as it will make sex not just clandestine but a high-risk activity.Dr S Krishna Kumar,a gynaecologist from Thane,gets three to five cases of teen pregnancy a month,with the girls seeking medical termination of pregnancy.If sex between 16 and 17 year olds is a crime,such cases will be forced to go underground,resulting in an increase in unsafe abortions, says Kumar.
I have handled many teenage pregnancies.Youngsters,many of them under 16,are known to indiscriminately pop Ipills and other emergency contraceptives to prevent conception, says Ahmedabadbased gynaecologist Dr Rajal Thakker.
This bill will not serve any purpose.Age of sexual contact has gone down remarkably and the adult-child is a reality, says psychiatrist Dr Harish Shetty,president of the Counsellors Association of India.He feels that punitive law of this kind will not stop sexual abuse but only increase corruption.It refutes the changing times and is a denial of the current reality.Taking away the provision of consent puts a heavy price on any attempt at sexual exploration by kids in their lateteens.If a 19-year-old boy has sex with a 17-year-old girl,will you put him away in jail"asks Shetty.Besides,this will lead a spike in honour killings,suicides and parents of one child blackmailing others.While Ahmedabad-based clinical psychologist Dr Pooja Pushkarna describes the governments denial of adolescent sexuality as the ostrich-like approach,Delhi psychiatrist Dr Jitendra Nagpal says this is an over-ambitious attempt on the part of the government to alter behaviour patterns.It could lead to kids using more dangerous ways of experimenting or result in more young people eloping, says Nagpal.Sexual contact typically begins between the ages of 12 and 14 in our metros,he says.With intercourse starting between ages of 15 and 18.With the overwhelming opinion against criminalizing teenage sex,there is still time for a rethink.Although the cabinet has cleared the bill,Parliament should review the proposal and ensure our laws are in tune with the times.


With inputs from Radha Sharma in Ahmedabad and Neha Miglani in Chandigarh 



UK MODEL 



Age of consent 16 

Protects under 16s from abuse Mutually agreed teen sex OK,unless it involves abuse If age gap is,say 16 & 40,law comes down harshly,but gap of 16 & 23 fine 

THE LAW IN CANADA 



Age of consent: 16 years,raised from 14 years on May 1,2008 

Consent age 18 where sexual activity exploits youngster or in a relationship of authority,trust or dependency Sexual activity exploitative based on youngsters age,age gap,how relationship developed Exceptions: A 14 or 15-year-old can consent to sex as long as partner is less than five years older,theres no relationship of trust,authority or dependency If partner is 5 years or older than 14 or-15-year-old,sexual activity is criminal offence unless theyre married to each other 

THE US STORY 



Age of consent in the 50 states and DC range between 16 and 18 

At age prescribed one can have sex with whomever they wish as long as the person is consenting and are same age or older Many states have age-gap provisions that legalize teen sexuality as long as they are within a certain age range In all states,dating,hugging,holding hands,kissing not illegal In some states,fondling,groping through clothes illegal

EXPERT VIEW 
Removal of consent caveat makes no sense 

By Asha Bajpai 


If the aim of the Protection of Children From Sexual Offences Bill is to protect children from b e i n g s e x u a l ly abused by adults,the removal of the c o n s e n t cl a u s e makes no sense.
Revising the age of consent from 16 to 18 is tantamount to criminalizing teenage sex between children who are 16-18 years old.If the legislation aims at punishing adults who sexually abuse children,how does the removal of the consent clause help Such a step will only make the bill regressive.Besides,in India,the question of who a child is,is itself a highly complex issue.This could further complicate the concept.
Importantly,even the original consent clause,which was subsequently removed from the legislation,doesnt spell out in detail whether consent is invoked only when both parties are between 16 and 18,or whether one of them can be above 18.There can always be a situation where one is between 16 and 18 and the other an adult.The bill needs to specify whether this is allowed and to what extent.For instance,if the girl is between 16 and 18 and the man 30 or 40,this should not be allowed.The law needs to be clear before it can be used to protect children.
If you want to protect children from abuse,you cant bring consensual sex between teenagers under the criminal law.Force and violence against teens cannot be used under the guise of protecting them.
The removal of the age of consent for those between 16 and 18 contradicts the IPC.It is also something the moral police will take advantage of resulting in harassment of youngsters.


(Asha Bajpai is a child rights activist and Chairperson,Professor,Centre for Socio-Legal Studies and Human Rights,Tata Institute of Social Sciences) 
As told to Anahita Mukherji 

Wife insisting on condom not mental cruelty 

Rosy Sequeira TNN 

Mumbai: Planning when to start a family cannot be treated as cruelty,said the Bombay high court on Thursday,while upholding the family courts dismissal of a mans divorce plea.
Adivision bench of judges P B Majmudar and Anoop Mohta was hearing a petition by Pradeep Bapat,30,who said that during their honeymoon his wife Prerna,26,had refused to have sex unless he wore a condom and subsequently refused to conceive on the grounds that they were not financially stable.
She must not have shown willingness to become a mother unless there was financial stability.She wanted to give the child a better life, said Justice Majmudar.It is a mutual decision and a husband cannot insist, said Justice Mohta.
The reply of Bapats advocate Why do people go for honeymoon raised a few titters in the courtroom.
The judges also held that Pradeeps other grounds for seeking divorce not knowing to cook,not being religious,not parting with salary and not folding clothes properly did not amount to cruelty either.Bapats lawyer said his family wanted a working graduate as his wife,who would live in their joint family and also do housework.To this,Justice Majmudar said,A woman is not a slave.Her right of freedom of speech cannot be taken away.You have put (common household troubles) in the petition.If we construe these as cruelty,then no marriage will be safe. 
Observing that Bapats family was conservative and full of perfection,Justice Majmudar said,You (Prerna) should not have selected this house. 
Her advocate replied,She was the eldest (child) and unless she married,her younger sister would not have been able to do so either. Justice Majmudar said,Girls are still treated as a burden on parents.A girl must know to which family she is going (after marriage). 
The judges said the case was an eye-opener for those who were yet to marry.They said that especially in the case of arranged marriages,the prospective husband and wife should get to know each other and see if they could live happily together.
The judges were told that Prerna was willing to return to her marital home,but Bapat did not want her back.The couple married in February 2007;Prerna left her marital home in June the same year.
The judges noted that in a short span of time,the relationship between Prerna and Bapat had become strained.Also,Prerna was subjected to illtreatment.A girl coming into an entirely new atmosphere would have expected love and affection.The husband and his family are required to see to it that a (newly) married woman does not feel that she has come to an absolutely strange place, the judges said.


(Names changed to protect identities) 

Woman offers to bear child for her mother 

Bharat Yagnik TNN 

Ahmedabad: In a role reversal,a daughter has offered to become surrogate for her mothers child! A first of its kind case in Gujarat,a daughter has agreed to nurture the fetus for nine months to ensure that her mother completes her family.
Anand-based surrogacy specialist Dr Naina Patel said that Radhika Patel,32,consulted her along with her husband to become surrogate for her mother Lalita,52.Lalita,who had lost her husband eight years ago,recently got married to a widower,Mohan Patel,57.Since her new husband does not have any children from his first marriage,the newly wed couple was keen to have a child of their own.With age not on their side,they were wondering if their dream to have children can be realized.It is here that the daughter and son-in-law pitched in with their support.
The daughter has a son and a daughter.She said she was ready to undergo surrogacy for the mother as a child would make her new innings happier.They have agreed to use the new fathers sperms and egg of an anonymous donor,said Dr Patel.The daughter told Dr Patel that her mother has lived a lonely life especially after the marriage of her younger sister.
Now she wishes complete happiness for her, said Dr Patel.A few years ago,a 43-year-old woman shot to limelight when she successfully became a surrogate mother to twins on behalf of her infertile daughter.Her Londonbased daughter and sonin-law was suffering from infertility issues since a long time and the mother struck an extraordinary deal with daughter that she would become the surrogate and help save her daughters marriage and give her their bundle of joy.

Brides-to-be taught a range of skills in finishing schools 

Chennai: The bridal finishing schools in Chennai teach the women a range of skills from the art of carrying oneself to home dcor and personal grooming.They also give tips on how to manage the household budget,how to interact with future in-laws,dining and ****tail etiquettes.
Most of the brides who approach these schools are usually from the middleclass and upper middleclass,who are timid and want to learn to be more social,elegant and graceful,says Gerard,who underwent a training in etiquettes in the US.Although his school caters largely to corporates,Gerard started a separate department for brides after a few of his corporate clients approached him to help them gear up for their big day.
Grooming experts have attributed the sudden spurt in brides evincing a penchant for grooming to various reasons.The middle class is willing to spend a lot more on weddings now.Besides,women give a lot of importance to the way they look and are more conscious about their body language, says fashion designer Rehane,who runs Transcend Academy,a grooming school for women in Chennai.
Rehane says such programmes go beyond mere personal grooming.People may write off such finishing schools saying why should someone shell out a fortune just to learn how to walk and talk,but looking and feeling good builds your confidence which,in turn,helps in the long run, she says.
The programmes can last between three days and six months,and cost anywhere between Rs 10,000 to Rs 50,000,depending on the duration and the skill sets.While finishing schools in Chennai have started looking up.Some brides-to-be enroll sign up for crash courses at centres in Hyderabad,Delhi and Mumbai.