1. Age of consent under the POCSO Act
Current context: Recently, the Law Commission of India has recommended to the Union Government that the existing age of consent, i.e., 18, should not be tinkered with under the Protection of Children from Sexual Offences Act (POCSO), 2012, citing the dangers of child abuse, trafficking and prostitution.
Key Points:
- The 283rd report of the Law Commission, titled “Age of Consent under the POCSO Act, 2012” has been released and submitted to the Union Minister for law and justice Arjun Ram Meghwal.
- The report has also recommended that certain amendments need to be brought in the POCSO Act and introduced judicial discretion “to remedy the situation in cases wherein there is tacit approval in fact though not consent in law on part of the child aged between 16 to 18 years”.
- The introduction of guided judicial discretion in the matter of sentencing under this Act will ensure that the law is balanced, thus safeguarding the best interests of the child.
- In arguing against the automatic decriminalisation of consensual sexual acts by persons above 16 years, the commission said that consent can always be manufactured.
- Reducing the age of consent will have a direct and negative bearing on the fight against child marriage and child trafficking, the battles against which have been hard-fought and are still ongoing.
- The commission was headed by Justice Ritu Raj Awasthi.
2. The Mediation Act, 2023
Current Context: On 14th September 2023, the Mediation Act, 2023 has received the assent of the President of India and was notified in the Gazette on 15th September 2023.
Key Points:
- India has always had a mediation regime in the core of many civil commercial legislations. However, the Act institutionalizes the mediation regime in India.
- The Act is introduced to promote and facilitate mediation as a means of dispute resolution (commercial or otherwise), enforcement of mediated settlement agreements, and to provide for a body for registration of mediators.
- The Act also aims to encourage community mediation and to make online mediation an acceptable and cost-effective process.
3. Women’s Reservation Bill
Current Context: Recently, the President has given assent to the women’s Reservation Bill which seeks to provide 33% reservation to women in the Lok Sabha and State Assemblies on September 29, 2023.
Key Points:
- Though it was introduced as the Constitution (128th) Amendment Bill in the Lok Sabha, now it will be known as the Constitution (106th Amendment) Act as some proposed constitutional amendments are yet to be passed by the Parliament.
- Officially known as “Nari Shakti Vandan Adhiniyam”, the law proposes to reserve one-third of the seats in Lok Sabha and all State Assemblies for women.
- However, the law will be implemented after the next census and the subsequent delimitation exercise.
- The quota for women in the Lok Sabha and Assemblies will continue for 15 years and Parliament can later extend the benefit period.
4. One Nation, One Election
Current Context: The first meeting of (‘One Nation, One Election' Committee) took place on 23rd September 2023.
Key Points:
- The eight members to the Committee, headed by former President Ram Nath Kovind, will examine the issue of holding simultaneous elections to the Lok Sabha, State Assemblies, Municipalities and Panchayats.
- It will also examine and recommend whether the amendments to the Constitution would require ratification by the States.
- The Committee will also analyse and recommend possible solutions to scenarios such as a hung House, the adoption of a no-confidence motion or defection or any other event in case of simultaneous polls.
5. Nari Shakti Vandan Adhiniyam 2023
Current Context: Rajya Sabha Chairman Jagdeep Dhankhar constituted an all-women panel of Vice-Chairpersons in Rajya Sabha in view of the Women’s Reservation Bill.
Panel of Vice-Chairpersons are as under:
- Shrimati P. T. Usha (Popularly known as the Payyoli Express)
- Shrimati S. Phangnon Konyak (S. Phangnon Konyak becomes first woman member from Nagaland to Preside over Rajya Sabha)
- Shrimati Jaya Bachchan
- Ms. Saroj Pandey
- Shrimati Rajani Ashokrao Patil
- Dr. Fauzia Khan
- Ms. Dola Sen
- Ms. Indu Bala Goswami
- Dr. Kanimozhi NVN Somu
- Ms. Kavita Patidar
- Shrimati Mahua Maji
- Dr. Kalpana Saini
- Shrimati Sulata Deo
Important Facts:
- Article 118(1) of the Constitution empowers each House of Parliament to make rules for regulating its Procedure and the Conduct of its business.
- According to the Ministry of Parliamentary Affairs, currently, India’s lower house, Lok Sabha, has 78 elected women MPs out of the total 543 seats - 14.36% of the total number of MPs are women.
- According to the Ministry of Parliamentary Affairs, the present Rajya Sabha has 24 elected women MPs out of the total 245 seats - only 9.79% of the total number of MPs are women.