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SC criminalises sex with minor wife
October 12 , 2017
2602 days
1080
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- The Supreme Court's landmark ruling that has criminalised sex with wife below 18 years provided the woman files a complaint within a year.
- The apex court gave its order on a petition filed by NGO Independent Thought, which had challenged exception clause (2) in Section 375 IPC.
- The Exception 2 to Section 375 (rape) of the Indian Penal Code permits “intrusive sexual intercourse with a girl aged between 15 and 18 only on the ground that she is married. And says it’s not a rape”
- The Exception is part of the Criminal Law (Amendment) Act of 2013.
- The exception clause in Sec 375, IPC stands in contrast to the following:
- Criminal Law Amendment Act, 2013 raised the age of consent for sexual intercourse for girls, from 16 to 18 years.
- Protection of Children from Sexual Offences Act, 2012 considers sex with children, those below 18, as rape.
- Prohibition of Child Marriage Act, 2006 and Juvenile Justice Act, 2015 also define children as those below 18 years
- Thus this clause (2) of Section 375 IPC had created dichotomy over age of consent and also it deprives them of legal protection against forced sexual intercourse.
- Court said this clause violates the fundamental rights given under Article 14,15,21 and also violates bodily integrity of the girl child.
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