India -- Age of Consent
[Cool Teen Sites]
[EDITOR NOTE: The first email is opinion and is provided for the informative value. After that, please read Dr.Aggrawal's summary]
Want to share with you, not theories about sex laws in
India, but actual trials held there, and the general feeling.
What is obvious is that whilst Indian law sees the use of young girls as illegal, that of
young boys seems to leave them totally unbothered. I have noted this on many occasions.
The reason is that boys freedom in India is such that no one believes any of them
could get into an affair if he did not want to. There can be rape, but as far as
sexual relationship without complaint from the boy (and parents) they are quite unmoved.
I want as example the fact that when I was arrested in Bombay (on false charges, I had opened a case for fraud against an ex-collegue there), when the police came to know on what charges I had been arrested on (sex with a 14 year-old), they laughed upraoriously, and smacked my bum. They did not understand what the fuss was about (nor did I !). Everywhere was the same. Then the case went to court in Tamil Nadu, where, rather than convict me, they wanted to arrest the ´victim´! The reason: according to the testimony of the person who filed the false case, I had sucked the penis of the boy. The boy therefore penetrated me, therefore in Indian law, the boy is the one who abused me ! I actually have the legal minutes stating this. I had to intervene so that they did not bother my young friend, who was being treated very badly indeed. Therefore there is no abuse or rape or anything punishable if the victim did not either suck you or get sodomised. There are no laws for ´pedophilia´, since there are no laws relating to age limits involving boys together. On the other hand they have the únnatural offense´law which states that one cannot sodomise anyone (penetrate) or have sex with an animal. Outside of these things, it would be very hard pushed to get any conviction. There is, therefore, only an anti-homosexuality law. My experience is big in this field, and I notice that all cases that come up are all blackmail cases, in which one complainant in one case gets a counter case against him accusing him of homosexuality. very rarely are there any cases of people being tried for homo sex in a case only involving that. No conviction can be obtained in India if no medical examination is carried out to prove that forceful penetration had occrued on the ´victim
Date Tue, 28 Mar 2000 110506 +0200
Hi there, A friend informed me about your page, which is very useful for me as a
journalist. However, I want to draw your attention to male-male sex in India and
Singapore, where your have entered a question mark. Both countries have inherited old
British laws, and section 377 in the penal code (apllies for both countries as well as
Malaysia) forbids sexual encounters against the order of nature. IE homosexuality is
illegal in both countries. Indian authorities are lax about the regualtions, while the
Singaporean government, however, on several occasions have instituted hard actions against
cruising and the establishment of gay bars and meeting places. Yours sincerely
Date: Sat, 14 Nov 1998 02:26:47 +0530
From: "Dr. Anil Aggrawal"
To: research@ageofconsent.com
Subject: Age of consent in India
Hello, Your page on ages of consent is superb. keep up the good work. However I would like to tell you that In India, the position is not what your table depicts. Here the legal age for marriage for boys is 21 (which is depicted in your table), and the legal age for marriage for girls is 18. However if a boy and girl are unmarried, and they want to have sex, the girl can give consent to sexual intercourse only if she is above 16 years of age. This IS THE AGE OF CONSENT IN OUR COUNTRY. For your reference, this is given in Section 375 of the Indian Penal Code. More questions from you on this are welcome. Have you collected abortion laws too?
Sincerely
Dr. Anil Aggrawal
Professor of Forensic Medicine
Maulana Azad Medical College
S-299 Greater Kailash-1
New Delhi-110048 India
Phone: (R) (+91-11) 6465460, 6413101
(O) (+91-11) 3239271 till 3239274 (4 lines) Fax: (+91-11) 5759476
Website: http://members.tripod.com/~Prof_Anil_Aggrawal/index.html
Rape laws in India
(Written especially for this website)
-Dr. Anil Aggrawal
When Mathura, a minor and orphan Harijan girl, filed a case against Ganpat, a police constable for raping her, little did she realize that she was undertaking an exercise in futility. As far as her innocent little mind worked, the facts of the case were very clear and indisputable. She had a boy friend and wanted to marry him. Her brother, who was against this marriage, lodged an abduction report with the police. Rather than do anything about the case, the police constable Ganpat saw his chance, summoned her to the police station at night, terrified her into submission and quenched his lust on her. Having thus satisfied his lust, he let her go.
This case occurred in 1978, when the rape laws in our country were heavily skewed in favor of the rapist. The most controversial question was of course regarding the consent of the female. In most cases, the victim found it impossible to prove that she had not consented to the act.
The same happened in Mathura's case. The Supreme Court ruled (Tukaram Vs. State of Maharashtra, AIR 1979 SC 185; (1979) 2SCC 143; 1978 CrLJ 1864; 1979 SCC 143), that there were no injuries on the person of the girl, which meant that she did not put up resistance and that the incidence was a "peaceful affair"! Ganpat, who in similar circumstances in a Western country would have gone behind bars for life, was acquitted.
So much for women's rights and women's liberation in our country. Nevertheless, the case stirred up a hornet's nest and the government was forced to wake up from its long slumber. In 1983, a comprehensive change was made in the rape laws, yet it was not enough to clip the dangerously overgrown claws of the rapists. Most women activists and lawyers feel that we are still miles behind equivalent laws compared to our western counterparts.
Section 375 of the Indian Penal Code (IPC) defines rape. Rape (from Latin rapio, to carry off, to overcome) means an unlawful intercourse done by a man with a woman without her valid consent. In certain cases, when consent is taken by fraudulent means or by misrepresentation, the act is still ûquite rightly- taken as rape. A rapist, for instance can put a gun at his victim's head and obtain consent. Still better, he could ask one of his goons to put a gun on her husband's head and tell her that the gun would go off if she did not relent. Consent could also be had fraudulently by giving her intoxicating or stupefying substances ( Cannabis is just one of the many stupefying drugs which can be given to achieve this). Another way of getting consent by fraudulent means is by impersonation. A rapist may slip into the bed of an unsuspecting woman in the thick of night, when the woman, taking him to be her husband not only does not resist, but actively participates in the act. These cases are rare but do occur occasionally. Finally the consent of a woman of unsound mind and of a girl below 16 are not taken to be lawful consent because it is presumed that these women are not in a position to truly understand the nature and gravity of sexual intercourse.
This was the position before 1983 and on the face of it the provisions sound fair enough. Yet Ganpat managed to wriggle out of the legal consequences of his act. If a police officer apprehends a person illegally and insists he will not free the man until his wife submits to the officer, how can one prove rape if she does so? No person in his right mind would imagine that such an act was not rape, yet the law would not recognize it so before 1983. The women had to prove she had not consented. The rapist was considered innocent unless proved otherwise.
The change in rape laws in 1983 improved the situation to a great extent. Among other things, the punishment for rape was made more severe. Before, the punishment prescribed under Section 376 of the IPC provided for a maximum sentence of life imprisonment but there was no minimum limit. Thus, in theory a rapist could get away with a sentence of say, just one month.
In 1983 although the legislature failed to increase the maximum sentence to capital punishment as was vehemently demanded by women's organizations, it prescribed a minimum sentence of seven years' imprisonment. Every rapist on being found guilty thereafter bad to undergo a minimum imprisonment of seven years. Besides, an important provision - Section 376(2) - was added to the IPC. This section introduced the concept of some special kinds of rape and prescribed a minimum of ten years for these cases. Furthermore, in such cases, the imprisonment had to be of a rigorous nature only. These included rape by a police officer within the premises of a police station; rape by a public servant of his junior while taking advantage of his official position; rape by an official in a jail or remand home of an inmate; rape by someone on the staff of a hospital of a woman in the hospital; rape of a pregnant women; rape of a, girl under 12 years of age end gang rape.
Rape by persons who are in a position of authority e.g. police officers, jail wardens, hospital staff etc., is generally termed custodial rape. Gang rape is a situation when a woman is raped by one or more than one person from amongst a group of persons acting in furtherance of their common intention. The important thing is that in such situations each of the persons within the group will be deemed to have raped the women even if each one of them did not actually have sexual intercourse with her. Thus if five men catch hold of a woman and only one ravishes her in order to, for instance, humiliate her husband because of some old vendetta, all the five men will be imprisoned for a minimum of ten years.
It is very difficult for the victim to prove absence of consent especially in cases of custodial rape, so a special section was added to the Indian Evidence Act (IEA). According to the new provision - Section 114A of the IEA - in cases of custodial rape, gang rape and rape of a pregnant woman, if the victim states in court that she did not consent, then the court shall presume that she did not consent and the burden of proving consent shell shift to the accused. This was a major reform in the law.
The legislature did not stop at this. There can be cases when a person in authority can get a women to have intercourse with him "willingly" by offering handsome rewards in return. A superintendent of a jail can offer better living conditions to a woman prisoner if she "willingly" submits to him. Such cases will not amount to rape; nevertheless they do signify abuse of official position. For such cases four special provisions - 376A, 376B, 376C and 376D - were added to the IPC and a, punishment of five years' imprisonment provided. In effect, if a person in authority has had sexual intercourse with a women in his custody, he will firstly have to prove that the women in question had c6nsented. If he can't prove this he will be guilty of custodial rape and shell have to undergo a minimum rigorous imprisonment often years. Secondly, even if he is able to prove that the women did consent, he may not be charged with custodial rape yet he can be imprisoned for five years under Sections 376B, 376C and 376D.
It would seem that enough changes have been made in the rape laws to bring if on per with that of Western countries. However, there are still some glaring deficiencies. For one thing, the law does not provide for separate and speedy trials for heinous crimes such as child rape. The definition of rape too is finite restrictive. For raping a women, penile penetration must be proved. One can ravish a women equally or much more violently by shoving, for example, an iron rod into her private parts. Yet such a man would not be held guilty of rape. Several such cases have indeed come to light.
But the worst thing is the continued existence of Section 155(4) of the IEA, which provides that when amen is prosecuted for rape and if is shown that the woman in question is of immoral character then her evidence will not be taken into account. It may be argued that this provision offers protection to the accused against false allegations of a women whose character is suspect. Yet consider Section 54 of the same Act. Among other things it says that in cases of rape, the fact that the accused person is a bad character is irrelevant. In effect, for the purpose of proving that a men did rape the prosecutrix, it is irrelevant to show that he has a bed character. If the bad character of the prosecutrix is considered in cases of rape, why not the bad character of the accused too?
In fact, it can be argued that these provisions are unconstitutional as they contravene the equality clause under Article 14 of the Indian Constitution. Is it not highly unfair to apply different standards to the accused and the complainant only in rape cases?
(Dr. Anil Aggrawal is a professor of Forensic Medicine at the Maulana Azad Medical College, New Delhi-110 002. He specializes in detection and investigation of sex crimes and in sex laws around the world. His E-mail is dr_anil@hotmail.com and his Website address is http://members.tripod.com/~Prof_Anil_Aggrawal/index.htm)
*****
Source: http://www.actwin.com/eatonohio/gay/world.htmINDIA LAWS: 1. Male homosexual sex is forbidden by law, punishable with
a maximum sentence of life in prison.
NOTE: 1. Maharashtra Pramod, State Culture Minister, is very anti-gay.
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
India - Inde - India New
Delhi
IPC - Indian Penal Code
IT(P) Act - Immoral Traffic (Prevention) Act, 1986.
I. Ages for legal purposes
Age of simple majority The legal age of majority is eighteen (18) years
for male and female persons.
Age of consent for sexual activity
The legal age at which a person is currently competent to consent to sexual intercourse is
currently eighteen (18) years.
Age of consent for marriage
The legal age of consent for marriage is eighteen (18) years for male persons and
twenty-one (21) years for female persons.
II. Rape
Section 376(1) of the Indian Penal Code
" Whoever, except in the cases provided for by subsection (2), commits rape shall be
punished
with imprisonment of either description for a term which shall not be less than seven
years but
which may be for life or for a term which may extend to ten years and shall also be liable
to fine
unless the woman raped is his own wife and is not under twelve (12) years of age, in which
case,
he shall be punished with imprisonment of either description for a term which may extend
to two
years or with fine or with both ;
Provided that the Court may, for adequate and special reasons to be mentioned in the
judgement,
impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever-
(a) - (e) (...)
(f) commits rape on a woman when she is under twelve (12) years of age ; or
(g) (...),
-shall be punished with rigorous imprisonment for a term which shall not be less than ten
years
but which may be for life and shall also be liable to fine ;
Provided that the Court may, for adequate and special reasons to be mentioned in the
judgement,
impose a sentence of imprisonment of either description for a term of less than ten years.
"
III. Other forms of child sex abuse
Section 90 of the Indian Penal Code
" A consent is not such a consent as is intended by any section of this Code,
if the consent is given by a person under fear of injury, or under a misconception of
fact, and if the
person doing the act knows, or has reason to believe, that the consent was given in
consequent of
such fear or misconception ; or
if the consent is given by a person who, from unsoundness of mind, or intoxication, is
unable to
understand the nature and consequent of that to which he gives his consent ; or
unless the contrary appears from the context, if the consent is given by a person who is
under
twelve (12) years of age. "
Misconception of fact - Consent given under a misconception is invalid if the person to
whom the
consent is given is aware of its existence. A consent given on the misrepresentation of
fact is one
given under a misconception of fact within the meaning of this section. An honest
misconception
by both the parties, however, does not invalidate the consent.
Section 377 of the Indian Penal Code
" Whoever voluntarily has carnal intercourse against the order of nature with
any man, woman or
animal, shall be punished with imprisonment for life, or with imprisonment of either
description
for a term which may extend to ten years, and shall also be liable to fine. "
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to
the offence
described in this section. Sex with a female under fifteen (15) years of age is
considered rape, even if
wedded.
Section 376B of the Indian Penal Code
" Whoever, being a public servant, takes advantage of his official position and
induces or
seduces, any women, who is in his custody as such public servant or in the custody of a
public
servant subordinate to him, to have sexual intercourse with him, such sexual intercourse
not
amounting to the offence of rape, shall be punished with imprisonment of either
description for a
term which may extend to five years and shall also be liable to fine. "
Section 376C of the Indian Penal Code
" Whoever, being the superintendent or manager of a jail, remand home or other place
of custody
established by or under any law for the time being in force or of a women’s or
children’s
institution takes advantage of his official position and induces or seduces any female
inmate of
such jail, remand home, place or institution to have sexual intercourse with him, such
sexual
intercourse not amounting to the offence of rape, shall be punished with imprisonment of
either
description for a term which may extend to five years and shall also be liable to fine.
"
Section 376D of the Indian Penal Code
" Whoever, being on the management of a hospital or being on the staff of a hospital
takes
advantage of his position and has sexual intercourse with any women in that hospital, such
sexual
intercourse not amounting to the offence of rape, shall be punished with imprisonment of
either
description for a term which may extend to five years and shall also be liable to fine.
"
‘Seduction of a person in custody’, Section 9 of The Immoral Traffic Prevention
Act, 1986
" Any person who, having the custody, charge or care of, or position of authority
over, any person
causes or aids or abets the seduction for prostitution of that person shall be punishable
on
conviction with imprisonment of either description for a term which shall not be less than
seven
years but which may be for life or for a term which may extend to ten years and shall also
be liable
to fine ;
Provided that the court may, for adequate and special reasons to be mentioned in the
judgement,
impose a sentence of imprisonment for a term of less than seven years. "
There is no specific provision in the Indian law as regards to sexual abuse of children by
parents or teachers.
Such acts are covered by the general provisions relating to sexual abuse of children by
their custodian, in
whatever capacity they may be.
IV. Child prostitution
Sections 366A and 366B are intended to punish the export and import of girls for
prostitution.
Section 366A deals with Procuration of minor girls from one part of India to another.
Section 366B
makes it an offence to import into India from any country outside India girls below the
age of
twenty-one (21) years for the purpose of prostitution.
Section 366A of the Indian Penal Code
" Whoever, by any means whatsoever, induces any minor girl under the age of eighteen
(18) years
to go from one place or to do any act with intent that such girl may be, or knowing that
it is likely
that she will be, forced or seduced to illicit intercourse with another person shall be
punishable with
imprisonment which may extend to ten years, and shall also be liable to fine. "
Explanation :
This section required two things: (l) inducing a girl under eighteen (18) years to go from
any place
or to do an act, and (2) intention or knowledge that such girl will be forced or seduced
to illicit
intercourse with a person.
Where a woman, even if she has not attained the age of eighteen (18) years, follows the
profession
of a prostitute, and in following that profession she is encouraged or assisted by
someone, no
offence under this section is committed by such person, for it cannot be said that the
person who
assists a girl accustomed to indulge in promiscuous intercourse for money in carrying on
her
profession acts with intent or knowledge that she will be forced or seduced to illicit
intercourse.
The word ‘seduced’ is used in the ordinary sense of enticing or tempting
irrespective of whether the
minor girl has been previously compelled or has submitted to illicit intercourse.
Section 366B of the Indian Penal Code
" Whoever imports into India from any country outside India or from the State of
Jammu and
Kashmir any girl under the age of twenty-one (21) years with intent that she may be, or
knowing
it to be likely that she will be, forced or seduced to illicit intercourse with another
person, shall
be punishable with imprisonment which may extend to ten years and shall also be liable to
fine. "
Section 367 of the Indian Penal Code
" Whoever kidnaps or abducts any person in order that such person may be subjected,
or may be
so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or
to the
unnatural lust of any person, or knowing it to be likely that such person will be so
subjected or
disposed of, shall be punished with imprisonment of either description for a term which
may
extend to ten years, and shall also be liable to fine. "
Section 372 of the Indian Penal Code
" Whoever sells, lets to hire, or otherwise disposes of any person under the age of
eighteen (18)
years with intent that such person shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, or
knowing it to be likely that such person will at any age be employed or used for any such
purpose, shall be punished with imprisonment of either description for a term which may
extend to
ten years, and shall also be liable to fine. "
For the purpose of this section ‘illicit intercourse’ means sexual intercourse
between persons not
united by marriage, or by any union or tie which, though not amounting to a marriage, is
recognised
by the personal law or custom of the community to which they belong or, where they belong
to
different communities, of both such communities, as constituting between them a quasi
marital
relation.
This section applies to males or females under the age of eighteen (18) years. It
applies to a married
or an unmarried female even where such female prior to sale or purchase, was
leading an immoral
life. It also applies where the girl is a member of the dancing girl caste.
Section 373 of the Indian Penal Code
" Whoever buys, hires or otherwise obtains possession of any person under the age of
eighteen
(18) years with intent that such person shall at any age be employed or used for the
purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral
purpose, or
knowing it to be likely that such person will at any age be employed or used for any such
purposes, shall be punished with imprisonment of either description for a term which may
extend
to ten years, and shall also be liable to fine. "
This section and section 372 conjointly punish both the giver as well as the receiver of a
person
under eighteen (18) years for an immoral purpose. Both the sections relate to the same
subject
master.
The Immoral Traffic Prevention Act, 1986 ( IT(P) Act )
Section 5, Paragraph 1 IT(P) Act, 1986
" Procuring, inducing or taking persons for the purpose of prostitution :
( l ) Any person who-
(a) procures or attempts to procure a person whether with or without his consent, for the
purpose of prostitution ; or
(b) induces a person to go from one place, with the intent that he may, for the purpose of
prostitution, become the inmate of, or frequent a brothel ; or
(c) takes or attempts to take a person or cause a person to be taken away from one place
to another with a view to his carrying on, or being brought up to carry on prostitution ;
or
(d) causes or induces a person to carry on prostitution,
-shall be punishable on conviction with rigorous imprisonment for a term of not less than
three
years and not more than seven years and also with fine which may extend to two thousand
rupees,
and if any offence under this subsection is committed against the will of any person, the
punishment of imprisonment for a term of seven years shall extend to imprisonment for a
term of
fourteen years ;
Provided that if the person in respect of whom an offence committed under this subsection
:
(i) is a child, the punishment provided under this subsection shall extend to
rigorous imprisonment for a term of not less than seven years but may extend to life
; and
(ii) is a minor, the punishment provided under this subsection shall extend to
rigorous imprisonment for a term of not less than seven years and not more than
fourteen years. "
‘Detaining a person in premises where prostitution is carried out’, Section 6
IT(P) Act, 1986
" (1) Any person who detains any other person, with or without his consent,
(a) in any brothel ; or
(b) in or upon any premises with intent that such person may have sexual
intercourse with a person who is not the spouse of such person,
-shall be punishable on conviction, with imprisonment of either description for a term
which shall
not be less than seven years but which may be for life or for a term which may extend to
ten years
and shall also be liable to fine ;
Provided that the court may, for adequate and special reasons to be mentioned in the
judgement,
impose a sentence of imprisonment for a term of less than seven years.
(2) Where any person is found with a child in a brothel, it shall be presumed, unless the
contrary
is proved, that he has committed an offence under subsection (1).
(2A) Where a child or minor found in a brothel, is, on medical examination, detected to
have been
sexually assaulted, it shall be presumed, unless the contrary is proved, that the child or
minor has
been detained for purpose of prostitution or, as the case may tee, has been sexually
exploited for
commercial purposes.
(3) A person shall be presumed to detain a woman or girl in a brothel or in or upon any
premises
for the purpose of sexual intercourse with a man other than her lawful husband, if such
person,
with intent to compel or induce her to remain there -
(a) withholds from her any jewellery, wearing apparel, money or other property
belonging to her ; or
(b) threatens her with legal proceedings if she takes away with her any jewellery,
wearing apparel, money or other property tent or supplied to her by or by the
direction of such person.
(4) Notwithstanding any law to the contrary, no suit, prosecution or other legal
proceeding shall
lie against such woman or girl at the instance of the person by whom she has been
detained, for
the recovery of any jewellery, wearing apparel or other property alleged to have been lent
or
supplied to or for such woman or girl, or to have been pledged by such woman or girl for
the
recovery of any money alleged to be payable by such woman or girl. "
V. Child pornography
Section 292 of the Indian Penal Code
" (1) For the purposes of subsection (2), a book, pamphlet, paper, writing, drawing,
painting,
representation, figure or any other object, shall be deemed to be obscene if it is
lascivious or
appeals to the prurient interest or if its effect, or (where it comprises two or more
distinct items)
the effect of any one of its items, is if taken as a whole, such as to tend to deprave and
corrupt
persons who are likely, having regard to all relevant circumstances, to read, see or hear
the
master contained or embodied in it ;
(2) Whoever-
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into
circulation, or for purposes of sale, hire, distribution, public exhibition or
circulation, makes, produces or has in his possession any obscene book, pamphlet,
paper, drawing, painting, representation or figure or any other obscene object
whatsoever ; or
(b) imports, export or conveys any obscene object for any of the purposes aforesaid,
or knowing or having reason to believe that such object will be sold, let to hire,
distributed or publicly exhibited or in any manner put into circulation ; or
(c) takes part in or receives profits from any business in the course of which he
knows or has reason to believe that any such obscene objects are, for any of the
purposes aforesaid, made, produced, purchased, kept, imported, exported,
conveyed, publicly exhibited or in any manner put into circulation ; or
(d) advertises or makes known by any means whatsoever that any person is
engaged or is ready to engage in any act which is an offence under this section, or
that any such obscene object can be produced from or through any person ; or
(e) offers or attempts to do any act which is an offence under this section,
-shall be punished on first conviction with imprisonment of either description for a term
which
may extend to two years, and with fine which may extend to two thousand rupees, and, in
the
event of a second or subsequent conviction, with imprisonment of either description for a
term
which may extend to five years, and also with fine which may extend to five thousand
rupees.
Exception :
This section does not extend to-
(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure :
(i) the publication of which is proved to be justified as being for the public good on the
ground that such book, pamphlet, paper, writing, drawing, painting, representation or
figure is in the interest of science, literature, art or learning or other objects of
general concern ; or
(ii) which is kept or used bona fide for religious purposes ;
(b) any representation sculptured, engraved, painted or otherwise represented on or in :
(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (24 of 1958) ; or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any
religious purpose. "
Section 293 of the Indian Penal Code
" Whoever sells, lets to hire, distributes, exhibits or circulates to any person
under the age of
twenty (20) years any such obscene object as is referred to in the last preceding section,
or offers or
attempts to do so, shall be punished on first conviction with imprisonment of either
description for a
term which may extend to three years, and with fine which may extend to two thousand
rupees and,
in the event of a second or subsequent conviction, with imprisonment of either description
for a
term which may extend to seven years, and also with fine which may extend to five thousand
rupees. "
Click below to go to
We have included this information derived from another site, as it confirms some of the information already included on the ageofconsent.com site.
INDIA
GENERAL INFORMATION
About Girls
There is no common view on Indian women. Some men find them exotic and sexually attractive. Others say they do not turn them on at all. Many believe that most Indian females are cold blooded, appear unemotional, and dishonest. It is hard for a Western man to have close relationship with an Indian woman due to significant cultural differences.
Most girls available for sex to a Westerner in India have very dark brown skin, are fairly short, about 5’2’’ on average, and do not speak English. Girls younger than 20 often have good bodies and relatively large breasts. Their nicely shaped lips make you immediately think about French sex.. Some high-class prostitutes are real tall beauties with white skin and almost Caucasian faces. However, they cost a fortune. Nepalese girls are also quite attractive and work in the Indian sex industry in thousands. They are highly valued for their fair skin and lack of cultural objections to taking off their clothes for a customer. Most low class Indian prostitutes prefer to make love with their saris on.
There is no doubt that many Indian sex workers are highly professional and know how to give you the best stimulation during sex. They are very skilful in bed indeed. Anal sex is not a problem here unlike in other Asian countries. Indian prostitutes are probably the cheapest in the world. You can have sex for as little as $3!
Excessive body hair, especially on arms, is a frequent problem. Avoid girls who have lost weight or given birth to a child as they often have unpleasant stretch marks on their skin.
Security, safe sex, and other useful tips
Prostitution in India is officially outlawed but is widely spread. Your main worry in India should be AIDS. Always use condom when getting laid in India. According to some studies 80% of Indian prostitutes are HIV positive. Apart from AIDS there are plenty of other infections you can pick up by just kissing a girl. These include hepatitis B, fungal diseases, etc., so be careful.
Age of consent in India is 16, however, the police in India is not very concerned with paedophilia or child abuse. Brothels are occasionally raided and underage girls arrested only to be released the next day.
Petty crime is common in India and you have to keep an eye on your wallet and valuables when on the street. Indian pickpockets are very skilful. It is also a good idea to lock the valuables in your suitcase if you bring a girl to your hotel room.
Do not give money to beggars as they are organized in gangs and most of your donation will end up in the hands of the boss.
Use your right hand for giving, taking, eating or shaking hands as the left is considered to be unclean. Women do not shake hands with men.
Many drugs are readily available in Bombay, some of them semi-legal. Ganja (marijuana) and hashish are distributed freely in the area between Chowpatty and Babulnath. Betel-nut vendors openly sell hash around Mumbadevi Temple. Foras Road is rumoured to be the place where opium dens operate.
Supposedly, the drug of choice for the affluent in Bombay is snake venom. One can see many limousines around Metro Cinema around midnight. Their owners come here to be bitten by a type of adder for $100 and more. They can apparently get high for nearly four days.
Bombay is the business capital of India and is the most modern and developed city in the country. It is also the best place to get laid as it houses a great number of brothels. There are plenty of prostitutes to choose from.
There are direct international flights to Bombay from Great Britain, Europe, Asia and Australia. Indian Airlines connect Bombay with all major cities in India.
A taxi from the international and domestic airports to Nariman Point in the city centre will cost under $10. Ask the driver to use the meter, and on arrival ask to see the tariff card to convert the meter amount to the amount of rupees, or try to set the fare before departure. Use a taxi to travel around the city. It costs only $0.30 per km..
Some student girls also offer sexual services to make extra money. They can be picked up at Bombay’s discos and pubs. Look for girls who are alone and wear colourful red, orange, or yellow clothes.
Child Labor and Education in India
Child labor is one of the greatest problems facing the children of India. India is
known for having the
largest number of child laborers in the world, 86.4 % of which are employed in the
agriculture
industry. 111 million children (almost 1 in every 3) are involved in some form of child
labor that
accounts for 20% of India's Gross National Product. These statistics are quite alarming,
and it is
apparent that action must be taken to improve this appalling situation. While there are a
number of
organizations and networks throughout the nation fighting to abolish or at least rectify
child labor,
there are a number of reasons we will later investigate that make it such a difficult
battle.
Children as young as 3 often arrive at factories before dawn and do not return home before 9pm. While at the factories, children are provided with only one set of clothing and are poorly fed. The greatest concern, however, is that these factories are a threat to the childrens' physical and mental health. All day long Indian children inhale toxic acids, and are constantly surrounded by occupational hazards. Many even suffer from sexual and psychological abuse, as well as the difficulty of dealing with being separated from their parents.
Child prostitution: UNICEF estimates that there are probably 70,000-100,000 child
prostitutes that are forced to serve up to ten costumers a night. Many of these children
have been
sold to these brothels by family members and remain trapped in a system of debt. For
additional
information on child sex workers visit Child Sex Workers by the InterPress Service.
INTER PRESS SERVICE
May 15, 1996
Children-India:
Child sex workers on the rise
NEW DELHI - Inter Press Service via Individual Inc. : Tens of thousands of
girls are being forced into the commercial sex industry in India's big cities,
says the U.N. Children's Fund (UNICEF).
Their clients are not foreign pedophiles, but local patrons of brothels with
a preference for young girls who may have to serve as many as 10 male
customers a night, the India office of the world children's body points out.
"There is a persistent public perception that the problem of sexual
exploitation of children is confined to foreign tourists on the beaches of
Goa and foreign businessmen in Mumbai (Bombay)," said UNICEF in a
press statement.
"But the picture emerging from a number of studies and from organizations
working in the red-light areas of major cities is very different," it observes.
"It is a picture of children -- mostly girls -- being forced into a brutal
existence in brothels where a girl serves up to ten customers a night, every
night."
The girls are often sold by poor parents to brothels, "without too many
questions asked." There are no definite estimates of child sex workers in
India, but the figure ranges between 70,000 and 100,000 and could even
be higher, says UNICEF.
To draw public attention and mobilize official and non-governmental
support for efforts to eliminate child prostitution, the UNICEF India office
today opened the first of a series of regional meetings in the eastern Indian
metropolis of Calcutta.
This will be followed by five other workshops -- in the southern
metropolis of Bangalore, the southwestern coastal resort of Goa, southern
Hyderabad city and the northern capital cities of Chandigarh and Patna.
The consultations between non-governmental organizations (NGOs),
academics, police and government officials are being held ahead of the
first World Congress against Sexual Exploitation and Trafficking in
Children in Sweden in August.
The deliberations are expected to lead to the setting up of a network of
anti-child prostitution groups and the building up of a data base on sexual
exploitation of children to help formulate policies and measures to tackle
the problem.
The talks will familiarize policy makers, activists and law enforcers with
the nature of the problem not only in India, but in the region.
UNICEF says it has strong evidence that girls from other South Asian
nations, specially Nepal and Bangladesh, are not only being brought to
brothels in India's big cities, but being sent beyond "to more distant
destinations."
A four-year-old Indian government study of brothels in the six big cities of
Delhi, Bombay, Calcutta, Hyderabad, Madras and Bangalore found up to
100,000 women commercial sex workers there. Nearly a third of them
were below 20 years old and 40 percent of them had taken up the
profession before the age of 18.
Most women were Indian and were mainly from six large states --
Andhra Pradesh, Karnataka, Tamil Nadu, West Bengal, Maharashtra and
Uttar Pradesh. However, more than five out of every 100 women sex
workers in Indian brothels are from Nepal and Bangladesh.
According to the study, nearly three fourths of them were illiterate and
two thirds came from families with an annual household income of less
than $150.
Though they earned much more in the profession, with more than half the
women making about $88 a month, half of this went to the brothel
madam. They also had to pay extra for food and board and nearly
everyone sent money home. The women often borrowed from
moneylenders and indebtedness was common.
Another study of 456 sex workers who were "rescued" by the police in
February this year from the brothels of Mumbai -- the new name of
Bombay -- found half of them to be Nepali. While a fifth were under 18
years, two-thirds were under 20.
A substantial number were sold into prostitution by a family member of
someone close to the family.
A survey of 287 sex workers in Calcutta last year found 42 of them under
20 years old. The study by an NGO working in Calcutta brothels found
that most of the women had been forced into the profession as children.
Street children: It is estimated that there are over 400,000 street children in the
cities of India.
Many of these children have left home due to parental violence and/or neglect.
Research Link:
Suffer the Little Children --
http://www.canoe.ca/OttawaChildren/home.html
EDITOR: Interesting Fact by EPCAT (from 1998)
Ecpat has closely monitored the situation since, Mr Kobsak said.
According to the UN figure, there are now about 650,000 prostitutes worldwide below 16
years of age. China and India has the largest number of child prostitutes followed by the
Philippines, Thailand, Sri Lanka, Taiwan, Vietnam and Cambodia.