Children From Sexual Offences Bill, 2010 – What Media did not report

India today woke up to the news on Children From Sexual Offences Bill, 2010. According to this new bill twelve-year-old children will be legally permitted to have non-penetrative sex with children their age. Aparna Bhat, a Supreme Court lawyer who was part of a National Commission for Protection of Child Rights group that drafted the latest Bill said

the gradation of age down to 12 years was to decriminalise sexual exploration by two children

Its intriguing why would National Commission for Protection of Child Rights group that drafted the latest Bill  would choose the age of 12? Why not 13? why not 11?

Media Watch hopes this new move by government has nothing to do with reservations All India Muslim Personal Law Board has with Prohibition of Child Marriage Act (PCMA). Under the PCMA, the marriage under the age of 18 is not permissible.

In the year 2002, All-India Muslim Personal Law Board had gone to High Court to challenge the legal age of marriage and getting it reduced to age of 12 (yes exactly 12). According to Fatima who took this case to high court

"Muslim personal law says you can marry at 12, so I didn't see a problem with it. There are lots of bad things in society these days, so the sooner a girl gets married, the better.

In early 2010, a petition was filed by one Zakia Begum seeks quashing of FIR against her. She claims that PCMA is unconstitutional because it interferes with freedom of religion granted by the Article 25 of the Constitution.  FIR was lodged just a few hours before the marriage could be solemnized against Zakia Begum. Senior counsel Yusuf Muchhala, appearing for AIMPLB told the Bombay High Court 

We are not happy with this law

Surprising even additional solicitor general Darius Khambata representing the central government argued in support of Zakia Begum. He claimed that since the marriage was not solemnized, the FIR stands invalidated.

"Under the Act, only solemnization of marriage is an offence . Attempt (to marriage) is not (an offence)," Khambata told the court. He also brought Section 11 of the Act to the notice of the court and argued that "while it expressly prohibits promotion of child marriage , it applies only if the marriage actually takes place."

The Bombay High Court would soon be examining this aspect, with reference to the marriageable age of a Muslim girl. judges said.

"We will lay down a law (in this regard)...If this (marriage of minors) is allowed, tomorrow 12-year-old girls will be married off,"