1. Sex with minor wife is rape, says Supreme Court: 5 must-know facts about the judgement

Sex with minor wife is rape, says Supreme Court: 5 must-know facts about the judgement

The Supreme Court has criminalised sex with a minor wife aged between 15 and 18 years.

By: | New Delhi | Published: October 11, 2017 2:05 PM
supreme court, sex with minor wife, supreme court on child rape, supreme court child marriage, supreme court rape law Supreme Court on Wednesday said the exception in the rape law was unconstitutional. (PTI photo)

The Supreme Court has criminalised sex with a minor wife aged between 15 and 18 years. While passing this judgement on Wednesday, the top court said the exception in the rape law was arbitrary and was violative of the Constitution, PTI reported. Under Section 375 of IPC, which defines the offence of rape, there was earlier an exception clause, which said that intercourse or sexual act by a man with his wife, not below 15 years, was not rape. However, the age of consent is 18 years. The apex court quashed this exception in the IPC.

Here are five must know facts about the Supreme Court judgement announced by a bench comprising Justice Madan B Lokur and Deepak Gupta:

  1. Supreme Court said the exception in the rape law was contrary to the philosophy of other statutes and violated the bodily integrity of a girl child. According to PTI, the two-judge bench also expressed concern over the prevalent practice of child marriage in India and said social justice laws were not implemented with the spirit with which they have been enacted by Parliament.
  2. The Supreme Court clarified that it has not dealt with the issue of marital rape as it was not raised by respective parties.
  3. Justice Gupta wrote a separate but concurrent verdict. He said the age of marriage was 18 in all laws and the exception given in the rape law under the IPC is “capricious, arbitrary and violates the rights of a girl child”.
  4. SC also said the exception violated Article 14, 15 and 21 of the Constitution.
  5. To prevent child marriage across the country, SC asked Centre and states to take proactive steps. It also voiced concerns over thousands of minor girls being married in mass wedding ceremonies on the occasion of Akshaya Tritiya.
  1. No Comments.

Go to Top