- The adage – the only constant in life is change – has been done to death over the decades wouldtantamount to an understatement. Moreso in the present-day world, where the technology-driven innovations are perpetually being wholeheartedly welcomed by humankind in line with the increasingly aspirational citizens around the world. Such is the dynamic evolution of some of the cutting-edge technological inventions that we are awestruck by the potentialities of these epochal applications/solutions made available to us. The moot point to ponder over here is whether the people across the world have equally welcomed changes in the thought processes necessitated by the present times. Let’s dwelve further to infer what’s happening around.
PC: Bar and Bench
- As we know, some of the liberal societies around the world have ensured that gender parity, unbiased treatment, a level playing field, and equal opportunities are made available to both sexes, notwithstanding the largely patriarchal, misogynistic, and male-dominated societies still ruling the roost. How progressive are we in India on matters that have raised the hackles of traditionalists, but have been passionately pushed ahead for sensible consideration and action thereof? The case in point is consensual teen sexual relations that are still being viewed as a criminal offence despite liberalists exhorting the authorities to consider the matter with practical understanding. Here, a shoutout to Nepal’s law minister is most welcome. Who so?
PC: India Today
- Her first decision, on assuming office, was to review the rape law that criminalises teen sexual relations. Her task force’s recommendation: include a close-in-age exemption, as is done across liberal societies. This, hopefully, will soon be legislated. There is little as harmful to growing minds and bodies as criminalizing teen sexuality, exploration, and sexual relations. Nepal’s age of consent, as in India, is 18. In India, a close-in-age exemption was, unjustifiably, not included when POCSO was legislated, despite repeated cautions from policy wonks, legal experts, health & behavioural specialists, and so on. Upshot: India too sends teens in consensual sexual relations – if discovered by ever-disapproving adults – to jails. The girl has no legal say at all.
PC: Live Law
- And her close-in-age friend is pushed into the criminal justice system, his future in tatters. Fallout is traumatic, ruinous, and inflicts lifelong damage. Unsurprisingly, one analysis found that 80% of romantic cases under POCSO were filed by parents or relatives after a girl eloped or became pregnant. India’s SC and several HCs have repeatedly observed, while hearing cases of criminalized teen sex, that POCSO has resulted in victimizing the very kids the law aims to protect. A tongue-lashing from SC doesn’t take away the fact that patriarchal attitudes – in courts, policy corridors, and Parliament – are anything but rare, ever taking new shape and form. Sex with an underage wife is perfectly legal. Child marriage is illegal, but the underage sex law doesn’t apply. We must free India’s teenagers by incorporating age-gap leniencies in law. Let’s let teenagers be. Period.
