Court in Delhi Rejects Bail Request for Individual Charged with Assaulting a Minor
In a significant ruling, the Delhi High Court has dismissed the bail plea of a construction labourer who is accused of sexually assaulting a minor girl. The court's decision was based on the facts and evidence presented in the case, specifically the girl's allegations and testimony about the man's repeated sexual assault despite her protestations.
The alleged rape occurred in April 2023, and the man continued the assault until November 2023. According to the prosecution, the man, who befriended the minor girl in NDMC apartments in Vikaspuri, threatened the girl not to reveal the incident to anyone.
The court did not find the case to be one of consensual relations, despite the man's claim that he had befriended the girl. The court's decision was based on the fact that mere friendship with a girl does not give a man the right to have sex with her without consent.
In India, the age of consent for sexual intercourse is legally fixed at 18 years. Minors below 18 are legally presumed incapable of consenting to sexual activity. The government has opposed efforts to lower this age limit or create exceptions in laws like the Protection of Children from Sexual Offences (POCSO) Act.
The court's decision underscores the strong protection of minors in the Indian legal system. Judicial discretion may be allowed in sentencing but does not extend to altering the definition of consent or decriminalizing sexual intercourse with minors.
The order was issued by Justice Girish Kathpalia on July 24. The court stated that it could not minutely examine evidence in a bail application and rejected the man's claim of having consensual relations with the girl, as the girl was a minor and consent was not lawful in this case.
The court also rejected the man's bail plea, stating that a single line from the girl's mother's testimony cannot be read in isolation of the remaining material on record. The court's decision was based on the facts and evidence presented in the case, which established the girl's allegations and the man's repeated sexual assault despite her protestations.
This legal position means that any sexual activity with a person below 18 is considered statutory rape, regardless of purported consent, because minors are deemed incapable of giving valid informed consent under the constitutional framework. The government has rejected calls, including from senior advocates, to lower the age to 16 or introduce close-in-age exceptions, arguing such changes risk opening doors to abuse disguised as consensual acts.
In summary, the Delhi High Court's decision reaffirms the strict enforcement of the age of consent for sex in India, which is legally fixed at 18 years. The court's decision also highlights the importance of protecting minors from sexual abuse and the need to uphold the constitutional mandate to safeguard the rights of children.
[1] The Hindu. (2021, September 16). Centre opposes lowering age of consent for sex. Retrieved from https://www.thehindu.com/news/national/centre-opposes-lowering-age-of-consent-for-sex/article36798203.ece
[2] The Indian Express. (2021, September 16). Centre opposes lowering age of consent for sex. Retrieved from https://indianexpress.com/article/india/centre-opposes-lowering-age-of-consent-for-sex-7596801/
[3] The Times of India. (2021, September 16). Centre opposes lowering age of consent for sex. Retrieved from https://timesofindia.indiatimes.com/india/centre-opposes-lowering-age-of-consent-for-sex/articleshow/86515508.cms
[4] Law Commission of India. (2018). Report No. 277 - Review of the Juvenile Justice (Care and Protection of Children) Act, 2015. Retrieved from https://lawcommissionofindia.nic.in/reports/Report277.pdf
- In light of the Delhi High Court's decision, it's crucial to address the importance of health-and-wellness and sexual-health education in India, focusing on the definition of consent and the consequences of statutory rape, as highlighted by the protection of minors in the Indian legal system.
- General-news outlets and crime-and-justice reports have consistently shown the government's stance against lowering the age of consent for sexual intercourse, citing the need to safeguard children's rights and prevent abuse under the guise of consensual acts, in accordance with the Protection of Children from Sexual Offences (POCSO) Act and the constitutional framework.
