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RETURN OF TASLEEMA IN BENGAL

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  RETURN OF TASLEEMA IN BENGAL SARASIJ MAJUMDER Tasleema Nasreen is a free thinker, and writer who borne in erstwhile East Pakistan, but banished from Bangladesh for her bold, factual, and truthful narration of Muslim social and economic crimes on minority Hindu Bengalis, who fought shoulder to shoulder in “MUKTI YUDDHA’—but became victim in the new borne state, which once declared it a Secular country. But—soon Bangladesh became ISLAMIST PAKISTAN NUMBER—2. Hunted in her own HOMELAND, she escaped for life. After living in exile across Europe and the United States, she relocated to Kolkata in 2004, which she considered her cultural home, on a renewable temporary residence permit issued by the then     Indian government. Off course west Bengal is her natural choice, and she has a historic and cultural bond with the State. Her initial stay in the city lasted until November 2007, when she was forced to leave West Bengal following violent protests and riots against her...
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Romeo-Juliet law & Underage sex

: NEED TO FILL A VACUUM:
SARASIJ MAJUMDER

The Supreme Court recently sought the Centre's response on application of the Romeo-Juliet law to India to decriminalise consensual teenage sex as a PIL claimed millions of under-18 girls and over-18 boys engage in consensual sex but a boy gets arrested for statutory rape if the girl gets pregnant and her parents lodge a complaint with the police.

What POCSO says: -

  • Under the Protection of Children from Sexual Offences (Pocso) Act, 2012, consent of a child below 18 years of age is immaterial and any person who attempts sexual activity with such an underage person would be guilty of sexual assault.
  • Under Section 375 of Indian Penal Code, there is a condition when   “… sex with a girl below the age of 16 is rape even if she had given her consent”.

The Romeo-Juliet law: -
Prior to the Romeo-Juliet law which is in force in many foreign countries, statutory rape charges would apply in cases of teen sex only if the boy was an adult.

Since 2007, many countries have adopted the Romeo-Juliet law which protects the boy from arrest if his age was not more than four years from that of the girl who is not an adult.

The plea:

  • Petitioner-advocate Harsh Vibhore Singhal pleaded with a bench headed by CJI D Y Chandrachud that many boys, who were just over 18 years of age, were stigmatised on being arrested for indulging in consensual sex with girls in the 16-18 age group.
  • "This grey area of law, a legislative vacuum, needs to be filled by guidelines on how statutory rape laws would operate by assessment of consent of 16+ to 18-year-olds before indicting the consenting adults," he said.
  • The petitioner quoted a study conducted for the health ministry, according to which 10% of women in the age group of 25-49 years had their first sexual intercourse before the age of 15, and 39% had before the age of 18 years.

 

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