Author Topic: 'Sex with minor wife is to be considered rape', says Supreme Court  (Read 415 times)

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'Sex with minor wife is to be considered rape', says Supreme Court
Amit Anand Choudhary | TIMESOFINDIA.COM | Updated: Oct 11, 2017, 16:11 IST
https://timesofindia.indiatimes.com/india/sex-with-minor-wife-is-to-be-considered-rape-says-supreme-court/articleshow/61032380.cms

  • 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
  • Last month, the SC asked the Centre how Parliament could create an exception in a law when the age of consent is 18
  • The SC verdict upholds the rights of 2.3 crore child brides in the country.

NEW DELHI: In a landmark verdict, the Supreme Court (SC) on Wednesday ruled that sex with a wife who is under 18 years of age is rape and therefore a crime.

The top court did not rule on 'marital rape', which is sexual intercourse forced upon a spouse no matter what their age.

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.

"Exception 2 in Section 375 of IPC (Indian Penal Code) granting protection to husband is violative of constitution and fundamental rights of minor bride', says Supreme Court.

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