Why SC is right to equate militant regionalism with communalism
The growing menace of jingoist regionalism risks fuelling dangerous secessionist tendencies as we saw with the Khalistan movement and insurgencies in the Northeast
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Time of India
3 hours ago
- Time of India
‘Don't lower the age. Just stop jailing adolescent love'
With the Supreme Court weighing in, a growing chorus of experts is calling for decriminalising consensual relationships even if the age of consent is not lowered New Delhi : With the Supreme Court hearing a pivotal case over whether to lower the statutory age of consent for sexual activity from 18 to 16 years, activists and experts working with children or dealing with cases that fall in the domain of 'consensual romantic relationships' bring into focus the various complexities and challenges the situation presents in courts and beyond for 'adolescents'. At one end is a strong view that highlights the plight of boys and girls caught in such cases — putting their dignity, liberty and right to protection as teenagers at stake. On the other end are activists, who caution that attempts to change the age of consent could present a situation that could lead to misuse and enable child marriage in the garb of 'romantic relationships'. In the case before SC, for instance, senior advocate and amicus curiae Indira Jaising has urged the court to read down the current legal threshold of 18, arguing that the existing provisions criminalise consensual adolescent relationships and infringe on constitutional rights. On the other hand, the Union govt has insisted that the age must remain 18 to safeguard minors from exploitation, warning that bringing down the age could undermine the country's child protection framework. An attempt to address the complexities was also made by the Law Commission in its report on the issue in 2023. It had advised against lowering the age of consent from 18 years. It also suggested amendments in the Pocso Act to introduce guided judicial discretion by the special court in the matter of deciding on sentencing in cases involving 'tacit approval' of minors between 16 and 18 years old. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Mini House for 60 sqm for Seniors with Toilet and Bath (Price May Surprise You) Pre Fabricated Homes | Search Ads Search Now Undo Swagata Raha, the founder of Enfold, a child rights NGO, has repeated her demand to decriminalise sexual relationships deemed 'consensual' — by creating an exception in Pocso for those aged between 16 and 18. 'We are not saying that the age of consent needs to be brought down to 16,' she told TOI . 'The current provision under Pocso, which sets the age of consent at 18, presents a situation where a romantic consensual relationship between adolescents is treated as a criminal act, on a par with sexual exploitation and rape. This is clearly damaging, and has long-term impact on the life and dignity of young people. To restore balance in law, this needs to change through the introduction of exceptions recognising consent of those above 16 years. ' At least one in four cases criminalised under Pocso is 'romantic' in nature, she said, citing empirical studies based on judgments. On the other hand, Bhuwan Ribhu, founder of Just Rights for Children, warned that lowering consent will open a Pandora's box, legitimising various forms of child rape as well as trafficking and child marriage. 'The law is being misunderstood and misinterpreted in the so-called consent debate,' he said, adding, 'No amendment to Pocso should be made until the current law is implemented in letter and spirit. With less than 10% conviction rate and compensation awarded in fewer than 1% of cases, the need of the hour is to implement the law before we amend it. ' Ribhu suggested that in 'genuine cases' of romantic consensual relationships, with appropriate checks and balances, it was possible to ensure protection without tinkering with consent. He felt Pocso could be amended to decriminalise situations, say, where there is a history of a romantic relationship between a boy and a girl and where the latter has been consistent in her statements before child protection agencies and courts, and where there is no gang rape or prior criminal history. However, child justice and criminal lawyer Anant Asthana feels that the issue can be addressed through amendments to Pocso — to create room for judges to exercise discretion with necessary checks to protect genuine cases of romantic relationships. Drawing attention to the lack of child-friendly policing, he highlighted the need to first equip police with a protocol to deal with such cases to protect the identity of the boy and girl. Advocate and founder of Independent Thought, Vikram Srivastava, said any attempt to alter the age of consent would open the doors to misuse and increase the risk of child marriage in the garb of consent, by the parents themselves, as seen in many states. 'Among socalled consensual relationships, in most cases we find they are entangled in a series of illegalities leading to elopement. Even for 'genuine consensual relationships', checks and procedural safeguards must be provided to filter genuine cases,' he said. Putting across the perspective of adolescents affected by such cases, Sonal Kapoor from Protsahan, which works with child survivors of abuse, said that blanket criminalisation of consensual adolescent relationships under Pocso, even when non-exploitative and rooted in mutual consent, stripped young people of voice, choice and agency. 'Lowering the age of consent risks weakening protections against coercion. But keeping it rigid results in young couples being dragged through criminal trials, humiliated and dehumanised by the same laws that are meant to protect them,' she said. 'The law must evolve. It must hold space for both protection of children and autonomy of young people.'
Time of India
6 hours ago
- Time of India
Life term or 7-yr jail: SC gives man, 67, choice in 1979 college clash verdict
NEW DELHI: Some may call it a burning example of a snail-paced justice delivery system while others may term it as "law catching up with the culprit when he is at his weakest". However one may describe it, a person who committed the crime as a hot-headed college student, now dreads spending the rest of his life as an ailing senior citizen behind bars. Tired of too many ads? go ad free now The SC has now given him the option between life term or seven years in jail. A union election-related fight between two students of LokManya Inter College in Deoria district of in 1979 led to 21-year-old Hari Shankar Rai stabbing a 19-year-old Krishna Kumar, who died of injuries on Dec 14, 1979. The trial court in 1983 found Rai guilty under Section 304-I of IPC and sentenced him to four-year imprisonment. A person lost his life, there should be adequate punishment for the crime: SC The Allahabad HC took 41 years to decide the appeal filed by the state challenging the trial court decision and seeking his conviction for murder. Rai had appealed against his conviction. In May last year, the HC found the evidence strong enough to convict Rai under Section 302 and awarded life imprisonment. Rai appealed against the HC judgment before the SC. A bench of CJI B R Gavai and Justice K Vinod Chandran told the 67-year-old Rai that even if his conviction for murder is altered to that under Section 304-I, he cannot escape with a punishment of mere four years imprisonment. "A person lost his life and whatever may be, there should be adequate punishment for the crime," the CJI said. His counsel said the man is now 67-year-old suffering from ailments and pleaded for mercy on the ground that his wife is suffering from cancer, needing constant care. But the bench remained firm and refused to grant him bail during the pendency of his appeal in the SC. Refusing to show mercy and warning the convict's counsel that arguing for acquittal, in the face of a well-reasoned HC judgment, would result in dismissal of the appeal, CJI Gavai said, "If you are agreeable, we will convert the conviction under Sec 302 to that under Sec 304-I (culpable homicide not amounting to murder) with seven year imprisonment." SC also asked the state counsel Tulika Mukherjee to take instructions regarding the present relationship between the families of the victim and the accused.
Hans India
6 hours ago
- Hans India
Public Outrage in Gadwal: Protesters Demand Immediate Arrest of Constable Raghunath Goud for Allegedly Cheating Dalit Woman
Gadwal: A wave of protests broke out in Jogulamba Gadwal district headquarters on Thursday, as several civil rights organizations, Dalit associations, and political leaders gathered in front of the Dr. B.R. Ambedkar statue demanding the immediate arrest of Constable Raghunath Goud. He is accused of cheating a Dalit woman named Priyanka from Palwancha town in Khammam district under the pretext of love and marriage. According to protestors, Raghunath Goud, who recently secured a job in the police department, had made false promises to Priyanka, convincing her of his intention to marry her. However, after obtaining his job, he reportedly rejected her citing her caste, referring to her as a 'low-caste SC (Madiga) woman,' and refused to fulfill his promise of marriage. The protesters, visibly outraged, accused the constable of manipulating the woman emotionally and socially, and demanded that a case be immediately registered under the SC/ST (Prevention of Atrocities) Act. They called upon the authorities to arrest Raghunath Goud without delay and ensure justice for the victim. Representatives of Dalit organizations stated that such caste-based discrimination and exploitation should not be tolerated, especially by someone serving in a law enforcement role. They urged the district administration and police department to take strict and swift action against the accused to uphold justice and prevent further erosion of trust in the system. The protest at Ambedkar Chowk drew participation from social activists, leaders of Dalit and caste-based associations, political party representatives, and local citizens, all united in their demand for accountability and justice for Priyanka. The district police have not yet issued an official statement on the matter. However, public pressure continues to mount, and further demonstrations have been warned if the authorities fail to act promptly.
