The Sectoral Oversight Committee on Children, Women, and Gender disagrees with the Penal Code (Section 363 and 364 – Chapter 19) amendment dealing with “punishment for rape” and lowering the age of consent of girls to 14 years and mitigate sentencing for cases of statutory rape.
The Sectoral Oversight Committee on Children, Women, and Gender convened at the Parliament Complex on Wednesday, 20.03.2024, under the Chair of Hon. (Mrs.) Thalatha Athukorala. The meeting addressed significant issues related to bill to amend Penal Code (Section 363 and 364 – Chapter 19) presented to the Parliament on 05.03.2024.
The bill includes a proposed amendment to section 364 dealing with “punishment for rape” which is concerning as it intends to reduce the age of consent and mitigate sentencing for cases of statutory rape. The mitigated sentencing proposed for statutory rape allowing suspended sentencing for adult males up to 22 years old and lowering the age of consent of girls to 14 years.
The Committee addressed several significant concerns of the amendments and the consequences such as power imbalance between adult males and young girls aged fourteen, minors are considered not to have the cognitive and emotional maturity to fully understand the consequences and implications of their decisions, undermines legal protection designed to safeguard minors from sexual exploitation and abuse, physical, emotional and psychological consequences, especially teenage pregnancies and sexually transmitted infections (STIs) , increased school dropouts and cases of SGBV and the Committee opposed these amendments.
Further, the Committee decided, to make a written request to the Secretary, Ministry of Justice, Prison Affairs and Constitutional Reforms making following recommendations;
- Judicial discretion in relation to sentencing must only be exercised with regard to offenders of or below the age of 18 years -i.e., offenders above the age of 18 years shall not be granted suspended sentences or minimum sentence of less than 10 years.
- The age of consent in cases of statutory rape must be left intact – that is 16 years.
- Provide clear guidelines for establishing ‘consent’
- A separate clause criminalizing the offence of committing rape of boys must be introduced.
- The views from the Ministry of Health and Ministry of Women, Child Affairs and Social Empowerment (National Child Protection Authority) be taken if a fresh bill is drafted to amend penal code (Section 363 and 364 – Chapter 19).
Moreover, the Committee addressed the necessity of educating sexual and reproductive health in schools still remains limited and emphasized that the Ministry of Education and the Ministry of Health should collaboratively conduct programs for school children who are largely unaware of crucial protection measures such as family planning.
The members of the Committee Hon. (Mrs.) Rohini Kumari Wijerathna and Hon. (Dr.) (Ms.) Harini Amarasuriya and Hon. Chandima Weerakkody participated at the meeting.
Officials of the Family Health Bureau, National Child Protection Authority (NCPA), United Nations Population Fund (UNFPA), experts in child psychology, social activist groups and Youth representatives were also participated at this meeting.
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