Supreme Court says sex with minor wife is rape

Source – scroll.in

The Supreme Court on Wednesday said sex between a man and his underage wife should be considered rape.

India’s rape and child marriage laws differ on the age of consent. While Section 375 of the Indian Penal Code calls sex with a girl below 18 rape, it has an exception that says sexual intercourse between a man and his wife, who is 15 years or older, is not rape even if it is without her consent.

On Wednesday, the court read down this exception that protected a man from having sex with his wife aged between 15 and 18 years, Bar & Benchreported. A bench of Justice MB Lokur and Justice Deepak Gupta read down the lower age prescribed under the exception from 15 to 18.

On August 10, the government had defended the exception clause that does not punish a man for raping his wife even if she is as young as 15. The Centre’s legal representative, Binu Tamta, had said it was trying to defend the institution of marriage as there are 2.3 crore child brides in India.

The court was hearing a petition filed by non-governmental organisation Independent Thought, challenging the exception clause. During the hearing last month, the Supreme Court said the prevalence of child marriage in India was disappointing and condemned parents who force their children to marry. “It is a hard reality and is unfortunate that most of the child marriages happening in the country are done by parents of the girl child,” the bench had said