Inconsistencies in Age of consent in multiple laws has jeopardized the child protection regime

‘Tough to bring sex in child marriage on a par with age of consent’

Written by Utkarsh Anand | New Delhi | April 17, 2014 1:23 am

In India, a person can be booked for rape if he indulges in a sexual relation with a woman less than 18 years of age. But he may marry at 12, or at an even younger age, and can validly consummate the marriage at 15. For, what relevant laws provide for are:

• Minimum age for a valid marriage: 18 years
• Minimum age at which one can marry and make it valid on turning 18: As low as one likes
• Minimum age at which a couple, married or otherwise, can have sex: 18 years
• Minimum age at which a couple can have sex when married as children: 15 years

This apparent contradiction in the law on the age of consent may have fettered the battle against child marriage in India — having more child brides than any other nation in the world — but the government has chosen to concede to the “social realities of the nation”.

The Centre has told the Supreme Court that it was deemed “not appropriate and practical” to remove this anomaly since there were at least 23 million child brides in India, who constitute nearly half of all child brides in the world. An attempt to bring sex in child marriages on a par with age of consent as others will lead to various “social tensions”, it said.

   

Significantly, in October last, the government had refused to sign the first-ever global resolution on early and forced marriage of children, led by the UN which was supported by 107 countries. India had refused to sponsor the measure, stating that the resolution’s definition of early marriage was vague.

Now, responding to a PIL that demanded removal of this disparity on age of consent, the Ministry of Home Affairs (MHA) conceded that while it was making efforts “in a discreet manner”, to prohibit child marriage, making the age of consent uniformly as 18 would throw up several other issues.

The PIL by organisation ‘Independent Thought’ has emphasised that Exception 2 to Section 375 of the IPC allows sexual relationship with a married girl at the age of 15 whereas under all the others laws, a person below the age of 18 is a child.

This contradiction in law, the PIL said, encouraged sexual relationship with a girl child under 18 because she is married.

However, the MHA said its stand on the issue of marital rape was “pragmatic” since marriage, being a social institution, is the bedrock of the society and ought to be protected.

The affidavit mentions stringency of the law on prohibiting child marriage but waters it down by saying: “It is a fact that child marriages do take place in India. The social, economic and educational developments in the country is still uneven and child marriages are taking place.”

The court will take up the government’s affidavit on Thursday.

Source: Indian Express

Most Polling Booths inaccessible in Bangalore

There are several such voters who can do with some facilities
from the election authorities. File photo: S.S.Kumar (The Hindu)

Most of the 7,700 polling booths in Bangalore are seen to be not accessible to those with physical disabilities.

A middle-aged, physically challenged woman came to exercise her franchise at the Government Urdu Primary School in Palace Guttahalli here during the Assembly elections in May 2013. The wheelchair-bound woman could not enter the polling booth as there was no ramp. Eventually, her son and husband arranged for a plastic chair, eased her into it and lifted her to go inside the booth, after which she cast her vote.

Most of the 7,700 polling booths in Bangalore are seen to be not accessible to those with physical disabilities. Though the Election Commission has promised to make arrangements to help such people cast their votes, Chief Electoral Officer, Karnataka, Anil Kumar Jha admitted that it may be difficult to ensure such facilities at booths located on the various floors of a building.

Sunil Jain, founder of Astha, an organisation working for people with disabilities, said that the authorities, when it is difficult to make such booths accessible to such people, should make efforts to at least identify booths with a large concentration of people with disabilities so that necessary arrangements can be made there. With the 2011 Census identifying 1.8 per cent of the population in Bangalore as living with disabilities and NGOs estimating their percentage at 2.7, Mr. Jain, himself wheelchair-bound, said that persons with disabilities constitute several thousands of Bangalore’s 76 lakh electorate. In addition, there may be several persons with temporarily disabilities that they have suffered in accidents.

Policemen help a voter with disability at a polling
booth in Virugambakkam. Photo: S.S.Kumar (The Hindu)

Astha has written to Mr. Jha urging him to launch a drive through SMS under which those with disabilities can send their Voter ID number to a designated mobile number and indicate their nature of disability. Also, it has cited an initiative taken up by the Chief Electoral Officer of Delhi, providing for registration of those with disabilities and their nature of disability on a website and urged Mr. Jha to replicate this experiment in the State.

Through this, Mr. Jain said, the authorities can generate data of persons with disabilities booth-wise and take alleviating steps. In response, Mr. Jha said that he would examine the suggestion made by Astha. But he was sceptical about implementing it as elections are barely two weeks away.

Mr. Jain, however, said that a deadline for registration can be fixed and the data can be shared with officials in-charge of booths designated for those with disabilities to make necessary arrangements for such voters.

Mr. Jha said that instructions have been given to election officials to give preference to those with disabilities when they come to vote. “They will not have to wait or stand in a queue,” he added.

Though all Electronic Voting Machines (EVM) are Braille-enabled, Section 49 N of the Conduct of Election Rules 1961 allows a blind or a physically infirm person who is unable to recognise the symbol on the ballot paper/EVM, to be accompanied by another person.

Mr. Jain said that the Election Commission should begin compiling data of persons with disabilities on its rolls by including a provision for registration in Form 6 submitted at the time of enrolment.

Source: The Hindu - Bangalore needs – disabled-friendly polling booths

Supreme Court directs Centre to withdraw order making Aadhaar "Mandatory"

Withdraw orders making Aadhaar mandatory for any service: SC to Centre

New Delhi: The Supreme Court has directed the Government of India to withdraw all orders, which make the Aadhaar card mandatory for availing any service. The court has also directed the Unique Identification Authority of India (UIDAI) not to share any information pertaining to an Aadhaar card holder with any government agency without the prior permission of the card holder.

The Supreme Court was hearing the petitions challenging the Constitutional validity of Aadhaar card with those opposing the mega project saying it was not backed by any statute and compromises with national security.

Further, a three-judge bench headed by Justice BS Chauhan was also told that the project not only violates the right to privacy but the "biometrics", which is the foundation of the project, is an unreliable and untested technology and public funds are being channeled to private enterprises without sufficient validation.

Earlier in 2013, the apex court had also issued an interim order which had said Aadhaar card be not made mandatory for people for availing any government services and nobody should be deprived of any such facilities for want of the card.

The Centre, UIDAI and three oil PSUs - IOCL, BPCL and HPCL - had later on moved the apex court seeking modification of its earlier order that Aadhaar card is not mandatory and no person should suffer for want of it in getting the benefits of government schemes.

The petitioners, including Justice K Puttaswamy; former high court judge and Major General SG Vombatkere, who retired as Additional Director General, Discipline and Vigilance in Army HQ; also sought to restrain the Centre, Planning Commission and the UIDAI from issuing Aadhaar cards by way of an executive order of January 28, 2009.

Senior advocate Shyam Divan had in the beginning of the arguments by saying that "there is no statute to back the project" and even if there were one, the statute would be violative of Articles 14 and 21 of the Constitution as the project enables surveillance of individuals and impinges upon right to human dignity. Maintaining that whenever state seeks to impinge upon fundamental rights, its action must be backed by statute and not mere executive fiat, the senior advocate said, "Here, the action under the impugned project of collecting personal biometric information without statutory backing is ultra vires even where an individual voluntarily agrees to part with biometric information."

He contended that the project would not stand the test of Constitution as there is no statutory guidance on who and how the biometric information has to be collected. The advocate said the task has been given to some private entities without sufficient validation. Further, there was no clarity on storage, usage and protection of data, he said, adding "the project is also ultra vires because under the constitutional scheme any action of the state that could potentially impinge on an individual's freedom must be backed by statute."

The petitioners said that the procedure adopted by UIDAI in collecting data was also violative of Article 21 as individuals are not told about crucial aspects such as potential misuse of the information, the absence of any statutory protection, commercial value of the information and that private parties are involved in collecting biometric information without safeguards. The bench, which is hearing a batch of petitions challenging the scheme, had earlier said the stand of state governments needs to be considered while adjudicating the case on Aadhaar card. .................

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Source: IBN Live

Option of Cadre closer to home state for Disabled IAS officers now

Physically challenged IAS officers can choose cadre closer to home State but no Transfer to home State under amended Rule

AARTI DHAR

New Delhi, March 18, 2014

But no transfer to home State under amended rule

Indian Administrative Service officers, appointed under the physically challenged category, can now choose a cadre closer to their home States. However, no transfer to the home State will be permitted under an amended rule.

In a notification issued on Tuesday, amending guidelines for posting of IAS officers with physical disabilities, the Department of Personnel and Training said a request for change of cadre could be made by an officer within three months through the parent cadre. Along with the application, documents in support of the grounds for cadre change would have to be enclosed.

The applicant will have to indicate a minimum of three States which are geographically contiguous to his/her home State. In their absence, the State closest to the home State in terms of distance would be admissible.

The government may, case-by-case and taking into account the extreme hardship faced by the officer, on the basis of a medical board report, permit transfer to a cadre closer to the home State.

If the transfer is agreed to ‘in principle’ by the Centre, the State government's concurrence will be sought as per the preference cited by the officer. If it is not forthcoming from any of the preferred States, the Centre may, after consulting another neighbouring State willing to accept the officer, effect the transfer.

The Centre’s decision on the selection of the State or cadre will be final and binding on the officer.

These guidelines will be implemented with prospective effect.

Source: The Hindu 

Delhi Election Commission plans for inclusive voting in Delhi

EC makes ‘special’ plans for inclusive voting in Delhi 

Facilities such as wheelchairs will also be made available at polling booths. 

To ensure that the differently abled are included in the polling process, the Delhi Chief Electoral Office is looking at providing special training to polling booth staff so that they are sensitive to the needs of various categories of the differently abled.

Facilities such as wheelchairs will also be made available at polling booths.

A meeting to chalk out an action plan for the same was held on Thursday. It was attended by representatives of various NGOs and civil society organisations such as Muskaan, National Association of the Deaf, Action for Ability Development and Inclusion, Koshish Special School, among others.

“After detailed discussion with NGOs and civil society organisations working with the differently abled, we got feedback about the facilities that would be required at the polling booths. We will be working to address the requirements of the different categories of differently abled. This would include behavioural training for our polling booth staff,’’ Chief Electoral Officer Vijay Dev said.

Under the project, the NGOs will first train the master trainers of the EC.

“We have 50,000 polling booth staff. To impart training to them, we will prepare audio-visual presentations to give them a wider understanding on how to help the differently abled of different categories. The needs of a visually-impaired person is very different from that of a hearing-impaired person,’’ an official said, adding that the idea was to prepare a template which the staff could follow.

Besides this, signage and  posters will also be put up at polling booths to facilitate the differently abled.

“We are also looking at allowing attendants to assist them in casting votes,’’ an official said.

Officials said ramps would be placed to ensure seamless access.

“We are looking at making wheelchairs available at all polling booths,’’ Dev said. The EC will coordinate with civic agencies to ensure proper infrastructure at the booths.

“…it is a welcome move that someone in the government had decided to include people with disabilities. Achieving the end goal might be difficult given the fact that there are only 20 days to elections. But if we work as a team, a lot can be achieved. Infrastructure modification will be required. There are 19 kinds of disabilities which are listed and each has a different requirement…,’’ Neera Chawla, deputy director and principal  of Muskaan, said.

Source: Indian Express