Sexual intercourse with minor wife is considered as Rape, says Supreme Court, and it’s historic!
In a landmark verdict, the apex court on Wednesday ruled that sex with a wife who is under 18 years of age will be considered as rape and therefore crime. Notably, the Supreme Court did not rule on marital rape. It is a sexual intercourse forced upon a spouse no matter what their age is.
Before this verdict, 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 than 18, which is the age of consent.
The Supreme Court gave its verdict and said, “Exception 2 in section 375 of IPC granting protection to husband is violative of constitution and fundamental rights of minor bride.” Notably, the top court’s verdict upholds the rights of 2.3 crore child brides in the country.
The verdict came after an NGO filed a petition challenging the exception, on how when sexual intercourse with minor aged below 18 with or without her consent amounts to rape under IPC, it is not so once she is married.
The NGO had argued that the exception was a violation of fundamental right of right and life of minors. Though the Bench of Justices Madan B. Lokur and Deepak Gupta had said time and again that it did not want to delve into the issue of marital rape, but it has now inevitably opened a window for a law on marital rape.
Well, all we have to say is that it is indeed a historic decision! Well done Supreme Court
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