Going by just the number of countries, the global average for the age of consent is 16. The government's proposal of criminalizing consensual sex with any person below 18 will put India in the company of countries such as Rwanda, Uganda, Chile, Peru and Egypt, none of whom can be counted among liberal democracies.
While the age of consent across the world ranges from 13 to 18, the bulk of the countries, including the most liberal ones, have it at 16. Thus, India is currently bracketed with Britain, Norway, Canada, Switzerland, Israel, Russia, South Africa and a majority of the states of the US.
But if 11 states of the US, including California, took the conservative option of fixing the age of consent at 18, its impact has been softened by a close-in-age reprieve. This means that if the minor has three or fewer years of difference with the major, or if both partners are under the age of consent, they will be prosecuted for the minor offence of misdemeanor rather than statutory rape.
The principle of taking a lenient view of close-in-age relationships is adopted by several western countries. The absence of such a safeguard in the protection of children from sexual offences bill, which was cleared last week by the Cabinet, makes the proposed increase in the age of consent all the more regressive and draconian.
If the bill is passed by Parliament in its current form, the only countries that will be harsher than India on teenage sex are those who do not recognize any age of consent at all.
In Islamic countries like Saudi Arabia, Yemen, Iran and Pakistan, any sex outside marriage is illegal and liable to severe punishment, even if it is entirely consensual.
The few countries that swung to the other extreme of reducing the age of consent to as low as 13 have adopted different safeguards to avert dangers of licentiousness. Though the national law in Japan puts 13 as the age of consent, local laws in most municipalities have overridden it with higher limits.
In Argentina, sexual relations with teenagers from 13 to 18, though legal, are fettered by laws meant to avoid exploitation. Spain has a safeguard to check deceit in gaining the consent of minor below 16, although its age of consent is 13.
Interesting, a lot of football powerhouses have a low age of consent, ranging from 13 to 15: Spain, Argentina, Brazil, Germany, Italy, Portugal, France, Uruguay and so on. Is it just a coincidence? Or does the craze for football make a society more liberal?
The age of consent around the world
Spain, Japan, Argentina | 13 years
Brazil, China, Germany, Italy, Portugal, Colombia and one Indian state (Manipur) | 14 years
France, Denmark, Greece, Poland, Sweden, Czech Republic, Thailand, Uruguay | 15 years
Britain, Canada, Nepal, Norway, Russia, South Africa, Kenya, Switzerland, Malaysia, Jordan, Israel and majority of the states of US (Michigan, Connecticut, New Jersey) | 16 years
Ireland, some of the states of US (Illinois, Texas, Missouri) and of Australia (South Australia, Tasmania) | 17 years
Turkey, Egypt, Rwanda, Uganda, Philippines, Chile, Peru and some of the states of US (California, Arizona, Florida) | 18 years
Raising the age for legal sex from 16 to 18 is a bad idea. Only a clutch of illiberal countries have it as 18 years. Why should India join that club? The age for legal sex should stay at 16. Further, where the age gap between two partners is less than five years, consensual sex should be decriminalized even if a partner is a teenager less than 16-years-old. There can be some deterrents if the age gap is higher. The proposal to hike the legal age for sex also smacks for an urban bias. In villages, getting married before the age of 18 is common. Would they all be treated as criminals now? Educating people about the advantages of a later marriage is one thing, but making teen sex illegal ignores the reality and criminalizes innocents. There is also the risk that such a move could lead to a spurt in young girls going to quacks for abortions to escape the clutches of the law. Suicides and honour killings too might rise with this ill-thought-out measure.
While the age of consent across the world ranges from 13 to 18, the bulk of the countries, including the most liberal ones, have it at 16. Thus, India is currently bracketed with Britain, Norway, Canada, Switzerland, Israel, Russia, South Africa and a majority of the states of the US.
But if 11 states of the US, including California, took the conservative option of fixing the age of consent at 18, its impact has been softened by a close-in-age reprieve. This means that if the minor has three or fewer years of difference with the major, or if both partners are under the age of consent, they will be prosecuted for the minor offence of misdemeanor rather than statutory rape.
The principle of taking a lenient view of close-in-age relationships is adopted by several western countries. The absence of such a safeguard in the protection of children from sexual offences bill, which was cleared last week by the Cabinet, makes the proposed increase in the age of consent all the more regressive and draconian.
If the bill is passed by Parliament in its current form, the only countries that will be harsher than India on teenage sex are those who do not recognize any age of consent at all.
In Islamic countries like Saudi Arabia, Yemen, Iran and Pakistan, any sex outside marriage is illegal and liable to severe punishment, even if it is entirely consensual.
The few countries that swung to the other extreme of reducing the age of consent to as low as 13 have adopted different safeguards to avert dangers of licentiousness. Though the national law in Japan puts 13 as the age of consent, local laws in most municipalities have overridden it with higher limits.
In Argentina, sexual relations with teenagers from 13 to 18, though legal, are fettered by laws meant to avoid exploitation. Spain has a safeguard to check deceit in gaining the consent of minor below 16, although its age of consent is 13.
Interesting, a lot of football powerhouses have a low age of consent, ranging from 13 to 15: Spain, Argentina, Brazil, Germany, Italy, Portugal, France, Uruguay and so on. Is it just a coincidence? Or does the craze for football make a society more liberal?
The age of consent around the world
Spain, Japan, Argentina | 13 years
Brazil, China, Germany, Italy, Portugal, Colombia and one Indian state (Manipur) | 14 years
France, Denmark, Greece, Poland, Sweden, Czech Republic, Thailand, Uruguay | 15 years
Britain, Canada, Nepal, Norway, Russia, South Africa, Kenya, Switzerland, Malaysia, Jordan, Israel and majority of the states of US (Michigan, Connecticut, New Jersey) | 16 years
Ireland, some of the states of US (Illinois, Texas, Missouri) and of Australia (South Australia, Tasmania) | 17 years
Turkey, Egypt, Rwanda, Uganda, Philippines, Chile, Peru and some of the states of US (California, Arizona, Florida) | 18 years
Raising the age for legal sex from 16 to 18 is a bad idea. Only a clutch of illiberal countries have it as 18 years. Why should India join that club? The age for legal sex should stay at 16. Further, where the age gap between two partners is less than five years, consensual sex should be decriminalized even if a partner is a teenager less than 16-years-old. There can be some deterrents if the age gap is higher. The proposal to hike the legal age for sex also smacks for an urban bias. In villages, getting married before the age of 18 is common. Would they all be treated as criminals now? Educating people about the advantages of a later marriage is one thing, but making teen sex illegal ignores the reality and criminalizes innocents. There is also the risk that such a move could lead to a spurt in young girls going to quacks for abortions to escape the clutches of the law. Suicides and honour killings too might rise with this ill-thought-out measure.