Thanks Aditya---- Shatru
--- On Sun, 10/5/09, Aditya Bondyopadhyay <adit.b...@gmail.com> wrote:
From: Aditya Bondyopadhyay <adit.b...@gmail.com>
Subject: Re: g_b child abuse legal question
To: gay_bombay@yahoogroups.com
Date: Sunday, 10 May, 2009, 6:43 PM
Section 377 is Cognisible and non-bailable. .!!
2009/5/10 Shatrughna Phadke <shatru_lovely@ yahoo.in>
Thanks Aditya,
One more query. Is the offence bailable?
-- Shatru
--- On Sun, 10/5/09, Aditya Bondyopadhyay <adit.b...@gmail. com> wrote:
From: Aditya Bondyopadhyay <adit.b...@gmail. com>
Subject: Re: g_b child abuse legal question
To: gay_bom...@yahoogro ups.com
Date: Sunday, 10 May, 2009, 12:04 PM
The Juvenile Courts only try juvenile offenders. If an adult commits any crime
on a child, it is tried in a regular court of law.
In India, the rape laws are inadequate to cover male rape or rape of a male
child. The position of the Juvenile Justice Act is also ambiguous and
inadequate. Therefore if there is penetration, most of the male CSA cases gets
tried under the anti-sodomy section 377 of IPC. If there is no penetration,
then other provisions of the IPC,lke those pertaining to hurt, grevious hurt
etc are invoked. But as I mentioned earlier, these are inadequate.
What is ffrustrating for a lot of child rights activists is the fact that in
spite of having made a commitment to enact adequate laws against CSA under the
Convention for the Rights of the Child (CRC), the government has consistently
refused to act on it and has shown what can only be described as an allaling
insensitivity.
While the Section 377 was challenged in the Delhi High Court, one of the
reasons for not asking a repeal of the law, but merely a reading down so that
it does not cover private adult consensual sex, is expressly this. If 377 goes
lock stock and barrrel, there would be very little left to prosecute male CSA
or male rape with.
The one thing that is clear in India law is the age of consent. It is the age
at which a person legally becomes eligible to give consent to have sex. And
that age is 18, and it comes from our contracts laws.
Best,
Aditya B
2009/5/8 shatru_lovely <shatru_lovely@ yahoo.in>
Please let me know how child sexual abuse in case of a boy is defined in India.
What is the minimum and maximum punishment for this? Is this handled by a
normal criminal court? Or as it is related to a child it is handled by Juvenile
court?
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