Supreme Court verdict: Sex with minor wife considered rape

October 11, 2017, 11:10 am
Supreme Court verdict: Sex with minor wife considered rape
INDIA
INDIA
Supreme Court verdict: Sex with minor wife considered rape

Supreme Court verdict: Sex with minor wife considered rape

The Supreme Court today ruled that sex with a wife aged between 15 to 18 who's a minor is rape and therefore a crime, striking down the exception clause to rape provision in the Indian Penal Code but not referring marital rape.

The two-judge bench said that sexual intercourse with a wife between 15 and 18 will amount to rape. 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.

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.

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. The SC relied on the Child Marriage Prohibition Act too to reach this conclusion. The court said that immunity cannot be granted to a husband who is having sexual intercourse with his wife between the age group.