Analogous expert comments on discrete news 

on "Panel wants male juvenile age lowered to 16 from 18/ New Indian Express" / The New Indian Express

An analysis with a probe into past chronicles veiled behind selected current news and posted as comments by Madan Menon Thottasseri!

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The parliamentary committee on empowerment of women has asked the government to lower the age of male juvenile from 18 to 16 years so that the offenders involved in heinous crime against women could be tried under the criminal laws.

“The Committee are of considered opinion that in spite of the fact that the Juvenile Justice Act, 1986 was amended in the year 2000 and the age of juvenile males and females was brought at par as below the age of 18 years, it has not produced the desired results,” report said.

Claiming that crimes against women committed by juveniles have shown an upward trend, the committee observed that a total of 22,740 IPC crimes were committed by juveniles during 2010 which increased to 25,125 crimes during 2011. The committee also analysed the profile of juveniles apprehended and found that most of the crimes have been committed by male juveniles in the age group of 16-18 years.

If the statistics did prove that sexual assaults committed by boys aged 18 but above 16, are on the rise, it is desirable to lower the Juvenile age limit to age- 16 only in the case of boys. Thus those 16+ boys committing heinous crimes can be booked under criminal laws. But the age limit girls should be maintained at age-18 itself.

The Criminal Law (Amendment) Bill, 2013 that was passed by Lok Sabha ( on 19.03.2013) and Rajya Sabha ( on 21.03.2013)  received Presidential assent on 2 April 2013 had come into force from 3 April 2013. The said Bill had been strongly criticised by several human rights and womens' rights organisations for not including certain suggestions recommended by the Verma Committee Report like reduction of ‘age of consent’, which is the minimum age at which a person is considered to be legally competent to consent to sexual acts. Of course it should not be confused with the age of majority or criminal responsibility etc.

Fortunately the GoM rightly took note of the disaster in the offing if the age limit for ‘Consent For Sex’ is reduced back to age-16. I did campaign against the illusion of advantage for minors in the age group of 16 to 18 by reducing the ‘consent for sex’ to age-16 during their transition into adulthood which is more vulnerable to sexual instinct and also prone to sexual molestation or assaults. It was fantastic that the government could know that it would be truly disastrous. In fact it was raised from 16 to 18 years based on the Criminal Law (Amendment) Bill, 2012 approved by Union Cabinet in April, 2012, factually terminating the ‘age of consent’ for minors who are above 16, but below 18 wherein any sexual relations with a girl or even a boy below age- 18 is considered as RAPE, regardless of whether it is consensual or not. Our young girls will get protection of law as the age limit is maintained at age-18 itself. No perpetrators will get relief under law if minor girls are sexually assaulted.  

Accordingly any sexual relations with a girl or even a boy below age- 18 is considered as RAPE, regardless of whether it is consensual or not.  It is to be noted that this protection of law could not be extended to the Suryanelli victim who had crossed 16 years of age at the time of series of rapes, as elucidated by the then Justice in the Kerala High Court, R.Basant. Very cleverly R.Basant had used the then minor victim’s detrimental ‘age factor’ to the beneficial acquittal of 35 perpetrators who raped her; but still he shed tears for her!

Women and Child Welfare Ministry rightly had wanted to maintain the age limit for ‘consent for sex’ at age- 18 itself. If the limit is lowered to 16, then there are chances for perpetrators of rapes get exonerated from punishment on rapes while they cunningly prevail of courts proving that rape victims aged above 16 have consented for sexual intercourse, despite being minors! Many culprits will get shelter under law and will get relieved from rape charges as in the case of the verdict on ‘Suryanelli’ case at the Kerala HC.

Thus the reduction of the Juvenile (boys) age limit to 16 should not affect the Juvenile (both boys and Girls) age limit in respect of ‘consent for Sex’.