There is a lot of controversy over the age of consensual sex. Even with consent, the sexual act of individuals below the age is considered illegal. The girl becomes the victim and the boy offender. This has created a flutter in the society.
At the time of framing the Indian Penal Code (IPC) way back in 1860, the age of consent, the minimum age at which a girl is legally competent to have consensual sex was fixed at 10. In 1891, the colonial government raised the age of consent to 12. The age of consent was revised in 1940 at 16, which is the global norm. In 2011, the Manmohan Singh government enhanced the age of consent to 18 in the Protection of Children from Sexual Offenses (POCSO) bill passed in the Budget session of 2012. When rape provisions were tightened in 2013, the age of consent was raised to 18 in the IPC too.
Till the changes as in POCSO is brought in, India was like other liberal societies, which had allowed girls of this age bracket to engage in consensual sex. Due to this liberal approach, India was in the company of Britain, Norway , Canada, Switzerland, Israel, Russia, South Africa and a majority of the states of the US.
By criminalizing teenage sex, India has landed in the company of illiberal democracies such as Rwanda, Uganda, Chile, Peru and Egypt. The only countries that are harsher than India on teenage sex. Islamic countries like Saudi Arabia, Yemen, Iran and Pakistan, considers sex outside marriage is criminal and liable to severe punishment, even if it is entirely consensual.
The Prohibition of Child Marriage Act, 2006 does not invalidate the marriage of women below 18, the age of consent does not apply to an underage wife, unless she is below 15. The IPC continues to exclude underage wives between 15 and 18 from the ambit of rape. The interesting factor is that while the age of consent has been increased for unmarried women to 18, but it still remains at 15 for those who are married.
Junior home minister H P Chaudhary said, "It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mind set of the society to treat marriage as a sacrament."
Women's groups have been campaigning that normal sexual exploration during growing-up years should not be criminalized.
By Premji
