Clarification on age for consensual non-penetrative sexual act

The news item on the Protection of Children from Sexual Offences Bill carried out by Times of India dated 01.02.2011 states that the Ministry of Women and Child, Government of India has sent a draft bill to the States for seeking their views. It has been mentioned that said draft bill seeks to introduce age of consensual non-penetrative sexual act as 12 years and further provides for different age brackets for consensual non-penetrative sex for children in the age group of 12 to 16 years, against the existing age of consent of 16 years. 

In this regard, it is stated that the Ministry of Women and Child Development, Government of India have asked for the views of the State Governments on draft bill in December, 2010. But the provisions quoted in the Times of India news item are not part of the draft on which the Ministry is seeking comments from the State Governments. 

In the draft bill circulated to the State Governments by the Ministry of Women and Child, the age for consent of any sexual act has been mentioned as 16 years. The proviso to section 3 of the draft sent to the State Governments clearly mentions 16 years as the age of consent for any sexual act and in any case of penetrative sexual assault committed against a child between 16 to 18 years of age, it has to be considered whether his/her consent was taken or not. 

The provisions of the draft bill quoted by the Times of India in the news item dated 01.02.2011 do not reflect the correct position of the Government. In fact the news item seems to be quoting provisions of a draft bill prepared by the National Commission for Protection of Child Rights (NCPCR). This recommendation of the Commission does not form a part of the Bill proposed by the Ministry and sent to the State Governments.