The legislation defines various types of sexual offences against children and provides penalties for such acts. The law has been viewed as a welcome step by most activists since it is gender neutral both male and female children are covered , it clearly defines the offences and includes some child friendly procedures for reporting, recording of evidence, investigation and trial of offences. However, the issue of age of consent has generated some controversy. Age of consent refers to the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person.
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Seething with disapproval they reported the boy to the local police, and an FIR under Section of the Indian Penal Code was filed against Aditya for allegedly having sex with a minor. That day a large van drove up to his small home in a Mumbai suburb where he lived with his mother and brother. At 8 pm he was arrested. She spoke while waiting outside the Dongri observation home where the Juvenile Justice Board conducts its hearings. Children apprehended by the police are brought before the board and lodged in the observation home pending a final order, or until they get bail. His mother looked vexed, waiting to catch a brief glimpse of her son as he was called before the board. She said that she tried to reason with the young couple, telling them not to get romantically involved at such a young age. In other words, turned hostile before the board. But in the meantime, he has been shaken by his experience in the home and has no hopes for the future, his mother said.
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The Centre is also considering a similar amendment for sexual assaults against boys below Children are not just vulnerable to sexual offences committed by adults, but by children too. The matter came into sharp focus in , when one of the accused in the Delhi gang rape was a year-old. Until then, the maximum punishment that could be awarded to juveniles was three years of detention in a remand home irrespective of the crime. The Juvenile Justice Care and Protection of Children Act, , was amended to allow year-olds to be tried as adults for heinous crimes such as rape and murder. Experts, including Enakshi Ganguly, co-director of Delhi-based non-governmental organisation HAQ: Centre for Child Rights point out that sexual offences by young people should be seen within the context of an increase in sexual crimes committed as a whole in society. An analysis of offences committed by juveniles in the past four months reveals that many of the accused have easy access to mobile phones and know their victims. In Bharatpur, a year-old allegedly raped a five-year-old. One example is of children recognising their sexuality earlier because of so much exposure to information, whether to the internet or through cellphone, which everyone has now. But society as a whole needs to talk to children on how to use these tools and process the information they receive.
A year-old girl in India has become the latest victim in a 'school rape' epidemic - and only discovered she was pregnant seven months after the attack. The teenager, who cannot be named for legal reasons, was attacked for an hour in a locked classroom - and while her parents are standing by her they have spoken of their distress that she may no longer find a husband. She might not get a job if people get to know her story. I only hope she is not ridiculed in society and is not judged. What happened was not her fault; she is a victim here. I cannot believe it. I feel her life and future is over'. The girl told police she was looking for chalk when to boys locked her in a classroom and raped her for almost an hour.