Laws, Consent, and Implications for CSE
"Typical legal debates around consent, particularly in India, have been profoundly influenced by a majoritarian understanding of public good. This viewpoint is driven by a conservative worldview imbued with double standards and moral contradictions. In this framing of public good it is acceptable to legally recognise the marriage of a 15-year-old girl as is done by our personal laws. We allow marital rape to continue unabated. But we fiercely resist recognition of the evolving capacity of and the right to bodily integrity and autonomy of young people to express their sexuality and make sexual decisions. We discuss this in terms of promiscuity and moral depravity. The biggest block to doing this is the continued belief by most that families should be the primary arbitrator in making these decisions. The family remains the primary site of social sanction of consent for young people."
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