SC protects minor girls on #InternationalGirlChildDay , says sex with minor wife is rape

NewsBharati 11-Oct-2017

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New Delhi, October 11: Still now in India and even in many other countries girl Childs are not 100% safe despite various prevailing laws. Supreme Court’s verdict sexual intercourse with a minor wife is rape will strengthen the safety of minor girls. This historic verdict will help to curb the menace of child marriage. A man who is married to a girl under 18 will be punished for having sexual intercourse with his wife.

A Bench of Justices Madan B. Lokur and Deepak Gupta read down the exception in Section 375 which protected a sexual act with a wife under 15. For those cases the age of consent was 15. But relying on Child Marriage Prohibition Act SC prohibited such action.

Contrast within laws of one judiciary will be ended with this verdict. Laws such as the Protection of Children from Sexual Offences Act, 2012 defines a child as any person below 18. The age of consent was 18.

An NGO Independent Thought filed a petition against the exception clause (2) under Section 375 IPC. The petitioners also held that is against the interest of the girl child. The clause was viewed as “violative of Articles 14, 15 and 21 of the Constitution”.

“However we refrain from commenting on adult marital rape as the issue is not before us”, Justice Lokur said as it also comes to the domain of marital rape.

Supreme Court Intyenational Girl Child day Minor Wife Child Marraige Sexual Abuse Section 375