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ANSWERS.
No. of Question. 1. No. In fact, not many persons know the existing state of law as to the age of Consent.
2. A. So far as raising the age of Consent of married girl is concerned, in our view public opinion does not warrant any advancement in the present law. The existing law about the age of Consent between a married couple has not grown obsolete, exigencies of the time having not gone beyond it. It is sufficient to meet the present requirements of affairs and should be retained. Our reasons being the following
i. There is not much difference between 13 and 14 years. neither in physical fitness nor in mental equipment. Instances are there where some girls of 13 are more developed than others of 14. It is the physical development rather than the age that is to be regarded. We shall have to leave it after all to the good sense of the parents of the couple to look to the physical fitness of the children before allowing them a chance to cohabit. A statute and its forcible bringing into action in this concern may simply breed mischief.
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ii. Outside interference should be allowed to have as little to do with the relations of the married couple as possible. Else it may mean giving chances to enemies, bad-meaning neighbours and unscrupulous police-men to disturb the sanctity and peace of the home.
iii. After raising in general the marriageable age by legislation, there should not be left much necessity of this raising of the Consent-age beside.
(iv). There do not seem any adequate arrangements whereby such statute may be properly enforced in practice. Police is always defective, and too impious an agent to be given authority in such matters. Public vigilance is neither so alert, nor so convinced.
(v). Sentencing away the husband to jails for such quite human faults may only mean, in majority of cases, taking away
Shree Sudharmaswami Gyanbhandar-Umara, Surat
www.umaragyanbhandar.com
