NEW DELHI: In a landmark verdict, the Supreme Court SC ) on Wednesday ruled that sex with a wife who is under 18 years of age is rape and therefore a crime.The top court did not rule on 'marital rape', which is sexual intercourse forced upon a spouse no matter what their age.Before today's SC ruling, there was an exception in Section 375 rape law provisions that protected a man who had sexual relations with his wife even if she was under 18, which is the age of consent."Exception 2 in Section 375 of IPC (Indian Penal Code) granting protection to husband is violative of constitution and fundamental rights of minor bride', says Supreme Court.The top court's verdict upholds the rights of 2.3 crore child brides in the country.The SC rejected the plea of the Centre which justified the provision on the grounds that child marriage is a reality in the country and such marriage has to be protected.A bench headed by Justice Madan B Lokur had on September 6 asked the Centre how Parliament could create an exception in a law when the age of consent is 18.Also in September, the apex court had said it did not want to go into the aspect of marital rape , but when the age of consent was 18 years for "all purposes", why was such an exception made in the IPC.Responding to the query, the Centre's counsel had said if this exception under the IPC goes, then it would open up the arena ofwhich does not exist in India."Economic and educational development in the country is still uneven and child marriages are still taking place. It has been therefore decided to retain the age of 15 years under Exception 2 so as to give protection to husband and wife against criminalising the sexual activity between them. It is also estimated that there are 23 million child brides in the country. Hence, criminalising the consummation of a marriage with such a serious offence such as rape would not be appropriate and practical," the Centre had said.As per the National Family Health Survey, 46 per cent of women between the ages of 18-29 years were married before the age of 18.
guitaristrex on October 11st, 2017 at 11:45 UTC »
For all concerned: India does not have a Uniform Civil Code, so marriages are mostly done through the respective religious laws. Under those same religious laws, minors are sometimes married and no one reports it - ergo no investigation.
This ruling closes a loophole in Sec. 375 which was sometimes used to exploit the law .
However, we must still be vigilant and report any and all cases of exploitations of minors if see any. The ruling is just that - a ruling - and it's implementation depends on all of us.
Notty_PriNcE on October 11st, 2017 at 08:53 UTC »
Does that mean SC isn't against child marriage? What?
Edit: It seems like "The Child Marriage Restraint Act" was passed way back in 1929. And this new rule was an amendment towards another section (375 of IPC) which considered minor wife rape was "okay".
Anyway, right step towards a good direction.
Lazarus156 on October 11st, 2017 at 08:41 UTC »
Important step towards a future where you maybe don't have a minor wife.