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Bengaluru, Nov 6: The Karnataka High Court has directed the Law Commission of India to reconsider the age of consent in Protection of Children from Sexual Offences (POCSO) Act.

In the judgement passed on November 5, a division bench of Justices Suraj Govindaraj and G Basavaraja said, “Having come across several cases relating to minor girls above 16 years having fallen in love and eloped and in the meantime, having had sexual intercourse with the boy, we are of the considered opinion that the Law Commission of India would have to rethink on the age criteria, so as to take into consideration the ground realities." The court heard an appeal by the police challenging the acquittal of a POCSO accused. It found that the girl, then 17, had eloped with the boy in 2017. Though the girl's parents had filed the complaint, all the witnesses turned hostile.

While the case continued, the two had married and now have two children.

Confirming his acquittal, the court however gave directions to the Law Commission as well as the Education Department in Karnataka.

The HC said that it was lack of awareness of POCSO and IPC that is resulting in many offences being committed by young persons.

“It is also seen that many of the above offences which are deemed offences to have been committed as a result of or on account of lack of knowledge on the part of the minor girl and the boy.

Many a time the boy and girl involved are either closely related or very well known to each other being classmates or otherwise,” the court observed.

Though lack of knowledge of law is not an excuse for committing a crime, the HC said students should be made aware of the POCSO Act.

“It is required that students especially at least of IX standard onwards, are educated on the aspects of POCSO Act, the acts which are criminalized under the POCSO Act as also under the Indian Penal Code,” it said.

Therefore, the Principal Secretary of the Education Department was directed to constitute a committee to formulate suitable education material in relation to the above and thereafter issue necessary directions to all schools be it government or private, stating that such students are to be educated and forewarned of the consequences of their action, if in violation of the POCSO Act or the IPC.” The case was relisted for December 5 for the Department to file a compliance report.

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Srinagar (PTI): PDP leader Iltija Mufti on Friday lodged a police complaint seeking the registration of an FIR against Bihar Chief Minister Nitish Kumar for recently pulling off the veil from a woman doctor’s face.

However, there was no word from the police on whether an FIR has been registered against the JD-U chief.

“I’m writing to bring to your attention a vile incident which has caused immense distress and hurt among Muslims, especially women. A few days ago, we watched with shock, horror and worry as Bihar Chief Minister Nitish Kumar pulled down the ‘naqab’ of a young Muslim doctor in full public glare at a government function,” Mufti said in her complaint to the Kothibagh SHO.

She added that what made “matters worse was the unsettling reaction of the people around, including the deputy chief minister, who chuckled and watched with glee”.

“The forceful stripping of her ‘naqab’ wasn’t just a brutal assault on a Muslim lady but on the autonomy, identity and dignity of every Indian woman,” Mufti alleged.

ALSO READ: Doctor whose naqab was removed by Nitish Kumar will join duty in Bihar: Official

The incident, a video clip of which has been circulated widely, sparking a major political row, took place on Monday at the chief minister’s secretariat in Patna where Ayush doctors gathered to receive their letters of appointment.

When the woman came up for her letter, Kumar saw her 'naqab', said “what is this” and then removed the veil, prompting the opposition parties to demand an unconditional apology from the chief minister.

Mufti said it was more concerning that the incident took place amid the “deliberate othering and political and economic disempowerment of Muslims all across India”.

The complaint said in the days following the "shameful" incident, “we have witnessed with abject horror videos of miscreants pulling off the naqabs of Muslim women across India”.

“Perhaps a chief minister engaging in this vulgar act of indecency has now emboldened such lumpen elements, giving them carte blanche (complete freedom) to humiliate and attack Muslim women,” the PDP leader alleged in her complaint.

Mufti also said that as a young Muslim woman, she is “deeply worried” that so far, no concrete action has been taken in the matter to serve both as a deterrent and precedent.

“BJP ministers and the men in power are justifying Kumar's indecency. Au contraire (on the contrary), they are condoning and celebrating it. I am sure you will agree that the rule of law must be applied uniformly and unequivocally to every Indian citizen.

“Being a chief minister doesn't exonerate an individual just because he enjoys political power and patronage,” Mufti said, and urged police to immediately file an FIR against Kumar.

“We owe it to every Indian woman to protect her dignity. The choice to wear what she wants without fear, with her head held high,” she added.

Speaking to reporters, Mufti said rather than apologising for what the Bihar chief minister did, the BJP ministers are “giving vulgar statements”.

“Yesterday, Griraj Singh, a Union minister, said Muslims in India should go to hell. If you touch the veil of our women, please be ready for the consequences.

“There was a need to file an FIR as, instead of being apologetic, the BJP wants to justify what he did, which is extremely wrong and criminal,” she said.

The PDP leader also said it is up to the police now, “but we have to do our bit”.

Lashing out at J-K Chief Minister Omar Abdullah, Mufti said it is "most troubling" that Abdullah, who is the only Muslim chief minister in India, did not issue a statement against Kumar’s act for two days, and when he did, he justified Kumar's “indecent act”.

“Despite being a Muslim chief minister, he does not want to protect Muslim girls and women. So, I felt it was my duty as a young Muslim woman to come here today, express solidarity with this doctor, and also to make sure that the dignity and identity of not just Muslim women, but all women across India, are protected. We have the right to choose what we want to wear with our head held high,” Mufti said.

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