High Court suggests exclusion of consensual sex after 16 years

Agencies
April 27, 2019

Chennai, Apr 27: Observing that relationship between a girl under 18 years of age and a teenage boy or little over the teenage years cannot be construed as "alien" or "unnatural", the Madras High Court suggested exclusion of consensual sex after 16 years of age from the purview of POCSO Act.

Justice V Pathiban gave the suggestion on Friday during the hearing of a petition by Sabari who challenged his conviction and 10-year sentence by a Mahila court in Namakkal under the Protection of Children from Sexual Offences (POCSO) Act.

The petitioner was accused of kidnapping and sexually assaulting a 17-year old girl.

Suggesting amendments to the Act, the judge said, "Any consensual sex after the age of 16 or bodily contact or allied acts can be excluded from the rigorous provisions of the POCSO Act and such sexual assault, if it is so defined can be tried under more liberal provision, which can be introduced in the Act itself..."

"The Act can be amended to the effect that the age of the offender ought not to be more than five years or so than the consensual victim girl of 16 years or more. So that the impressionable age of the victim girl cannot be taken advantage of by a person who is much older and crossed the age of presumable infatuation or innocence," he said.

Justice Pathiban also directed the State Commission for Protection of Child Rights (SCPCRs), Commissioner of Social Defense, Department of Social Welfare and Noon Meal Programme to place the matter before competent authority and take steps to explore whether the suggestions are acceptable to all stakeholders.

Perusing various reports of the DGP, SCPCRs among others, he said though under Section 2(d) of the Act, 'child' is defined as a person below 18 years of age and in case of any love affair between a girl and a boy, where the girl happens to be 16 or 17 years old, the relationship invariably assumes penal character by subjecting the boy to the rigours of the law.

Once the age of the girl is established in such relationship as below 18 years, the boy involved in the relationship is sure to be sentenced 7 or 10 years as minimum imprisonment, as the case may be, he noted.

"... Such a relationship cannot be construed as an unnatural one or alien to between relationship of opposite sexes," the judge added.

Earlier, the judge acquitted the accused of all charges and set aside the conviction of the trial court.

He found fault with the lower court for completely misdirecting itself by raising unwarranted presumption without any basis in favour of the prosecution.

The court also expressed concern over the growing incidence of offences under the POCSO Act on one side and the rigorous imprisonment envisaged in it.

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News Network
May 14,2024

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Jerusalem: Israel and India will continue to deepen their bilateral ties and lead to greater prosperity, Foreign Minister Israel Katz said on Tuesday.

Katz was responding to India’s External Affairs Minister S Jaishankar’s message on the occasion of Israel’s 76th Independence Day.

“Thank you for the warm wishes, FM @DrSJaishankar. In celebration of our Independence Day, Israel and India will continue to deepen our ties and lead to greater prosperity,” Katz said in a post on X.

Earlier in the morning, Jaishankar posted on X a 2:03-minute video showcasing the India-Israel relationship through photos of various bilateral meetings between Prime Minister Narendra Modi, himself, and other Indian ministers with Israel Prime Minister Benjamin Netanyahu and other ministers.

“Congratulate FM @Israel_katz and the people of Israel on the occasion of the 76th anniversary of Israel’s Independence. Mazel Tov!,” Jaishankar posted along with the video and repeated the same message in another post in Hebrew.

Meanwhile, President Droupadi Murmu wished her Israeli counterpart Isaac Herzog as she said on X, “I join the people of India in conveying our best wishes to President @Isaac_Herzog, and the people of Israel on the 76th anniversary of Israel’s independence.”

Lok Sabha speaker Om Birla too took to X to post his greetings to his counterpart Amir Ohana, the Speaker of The Knesset: “On the occasion of Israel’s 76th anniversary of independence, I congratulate Speaker of the Knesset @AmirOhana and the people of Israel.”

Both Murmu and Birla also included greetings in Hebrew.

“Thank you, my dear friend @ombirlakota. May the friendship between our nations grow stronger,” Ohana replied to Birla and also added a line in Devnagari script in Hindi, loosely translated as, “Thank you my dear friend Om Birla. May the friendship between our countries be stronger.”

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News Network
May 17,2024

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Hamas says the Israeli regime’s bombing of the Gaza Strip, which is enduring a genocidal Israeli war, has killed 70 percent of the Zionist captives, who have been held by the Palestinian resistance movement since an October operation.

Khalil al-Hayya, deputy chief of Hamas’ Political Bureau, announced the information in an interview with Lebanon’s al-Manar television network on Thursday.

“The Zionist enemy wants to recover the remaining captives by force, killing them by bombing,” he said.

Around 250 people were taken captive on October 7 last year during Al-Aqsa Storm, a retaliatory operation by Gaza’s resistance groups.

At least 35,272 Palestinians have died in an Israeli war of genocide that began following the operation.

Hamas released 105 of the captives during a week-long truce in late November.

Hamas recently agreed to another truce proposal enabling cessation of the Israeli aggression and release of the rest of the captives. The Israeli regime, however, rejected the proposal.

The Hamas’ official said, “The latest proposal presented to us comes very close to our demands, but the enemy has not respected the proposal or the mediators.”

Al-Hayya reiterated the movement’s demands, saying any potential truce agreement had to mandate a complete and comprehensive cessation of the Israeli aggression, withdrawal of all Israeli forces from Gaza, and then a captive exchange deal.

‘Victory is our ally’

The Hamas’ official pointed to the Israeli regime’s failure to realize its war goals, including defeating the resistance.

“After eight months of aggression, the enemy has failed to eradicate the resistance in Gaza despite all the actions of the occupation,” he said.

“The resistance has rebuilt itself and can adapt its capabilities to face the occupation,” the official said, asserting, “The resistance is capable of enduring for many months and will continue to defend its people as long as the battle is ongoing.”

“The resistance has the ability to continue because it is right, and victory is our ally, while the enemy will face defeat.”

Thanking regional resistance

Elsewhere in his remarks, al-Hayya expressed gratitude towards the regional resistance groups for the pro-Palestinian operations that they have been carrying out against Israeli targets and those associated with the occupying regime.

“The fronts in Yemen, Lebanon, and Iraq support Gaza and link the cessation of [their] operations to the end of aggression on Gaza,” he said.

“When we meet with the resistance forces in the region, we affirm that the battle is one.”

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News Network
May 8,2024

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Congress leader Sam Pitroda has stepped down from the post of Chairman of the Indian Overseas Congress and his resignation was accepted by the party. Congress leader Jairam Ramesh took to X and announced that Sam Pitroda had decided to resign from the key post "of his own accord".

Pitroda had been under fire over his controversial remark that Indians in the East resemble the Chinese while those in the South look like Africans.

"We could hold together a country as diverse as India -- where people on East look like Chinese, people on West look like Arab, people on North look like maybe White and people in South look like Africans. It doesn't matter. We are all brothers and sisters," Pitroda said during an interview with The Statesman.

The Congress immediately distanced itself from Pitroda's remarks, terming them "unacceptable".

"The analogies drawn by Mr Sam Pitroda in a podcast to illustrate India's diversity are most unfortunate and unacceptable. The Indian National Congress completely dissociates itself from these analogies," Jairam Ramesh said in a post on X.

The BJP also hit out at the Congress over Pitroda's remarks and termed them "racist and divisive".

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