Home / Latest News / SC: Sexual Intercourse with Wife aged below 18 years amounts to Rape, Read Judgement

SC: Sexual Intercourse with Wife aged below 18 years amounts to Rape, Read Judgement

October 11,2017:

Apex Court has expounded that,“If a minor wife complaints of the forced sexual intercourse within a year of marriage, police needs to take action”.

Child Marriage
Child Marriage

On Wednesday, Supreme Court criminalised sex between a man and his underage wife provided that woman files a complaint within a year.

The landmark order fixes the age of consent at 18 for all girls.

SC has enunciated that sexual intercourse with wife aged between 15 and 18 years would be a punishable offence under Indian Penal Code.

Apex Court Bench comprising of  Justice Madan B Lokur and Justice Deepak Gupta further added that an exception in rape law is discriminatory, capricious and arbitrary.

Court was hearing a petition that called for the scrapping of a provision in rape law that allowed a man to have sex with his underage wife even without her consent.

This order of SC comes at a time when Court is hearing petitions calling for the marital rape to be declared a crime.

Apex Court’s verdict would have prospective effect and have no bearing on the marriages already solemnised.

Section 375, Indian Penal Code states that Sex with a girl who is below 18 is rape but it had an exception, which allowed a man to have sex with his underage wife, 15 or above, even without her consent.

This provision is contrary to Child Marriage Act that puts 18 as age of marriage for the girls and 21 for the men.

Petition filed by NGO Independent Thought that has challenged exception clause (2) in Section 375 IPC (which deals with rape) that states intercourse or sexual act by a man with his wife, not below 15 years, is not rape, which has created a dichotomy as age of consent was 18 years, it has been contended in the petition.

Govt. had told SC that child marriage was a reality in India where the economic and the educational development was uneven. It had therefore decided to retain exception in Section 375.

Government in its affidavit that 46% of married women between ages of 18 and 29 had their wedding ceremony before they were 18.

Downloadable PDF of the Judgement-

SC Judgement on Sexual Intercourse with Minor Wife is Rape

SC Judgement on Sexual Intercourse With Minor Wife is Rape by Latest Laws Team on Scribd

SC Judgement on Sexual Intercourse with Minor Wife is Rape

Facebook Comments

Check Also

Election Disqualification

Election Commission tells SC: Candidate should not contest Election from two seats

Election Commission tells SC: Candidate should not contest Election from two seats

Leave a Reply

Your email address will not be published. Required fields are marked *