GoM for reducing sex consent age to 16

Stalking made non-bailable; Cabinet to decide today

The Group of Ministers (GoM), constituted to resolve the differences over the anti-rape Criminal Laws (Amendment) Bill, resolved this evening to recommend lowering the minimum age for consensual sex from 18 to 16 years.

The panel, chaired by Finance Minister P Chidambaram, also has recommended making “stalking and voyeurism” non-bailable offences. Women and Child Development Minister Krishna Tirath, who was opposed to lowering the age of consent, was reportedly isolated, with the home and law ministries in favour of the change. The draft Bill will be placed before the Cabinet on Thursday, as the government was keen to table it in Parliament next week. The other contentious issue resolved by the GoM was in using the term “rape” in the law instead of “sexual assault”, as originally proposed.

Some ministries had objected to such a stringent law as leading to an “overlitigous” environment.

According to sources, Tirath stood her ground at the GoM on Wednesday, but was overruled. The change, however, was in keeping with the recommendations of the recent Verma commission report on the matter.

The WCD minister believes reducing the age of consent would only encourage trafficking of girls. However, her view has support in Parliament, with several groupings, such as the Samajwadi Party and Bahujan Samaj Party, reportedly against the reduction from 18 years to 16 years.

Tirath had npted the proposed change would contravene the Protection of Children from Sexual Offences Act, passed by Parliament only last year. It makes a sexual act with an individual below 18 years a criminal offence.

The other contentious issue resolved by the GoM is in using the term ‘rape’ in the law, not ‘sexual assault’ as originally proposed. The GoM has, however, decided to stick to making ‘stalking and voyeurism’ non-bailable offences. Some ministries had objected to such a stringent law as leading to an “overlitigous” environment; others were in favour of stringent laws for the safety and security of women.

The ordinance enacted in the wake of the Delhi gangrape case lapses on April 4 and the government needs to get the Bill, meant to replace it, passed before that happens. Parliament goes into recess on March 22.