Historical Verdict: Sex With Wife Below 18 Is Rape, Says SC

0
143

New Delhi: The Supreme Court (SC) on Wednesday ruled that sex with a wife who’s a minor is rape and therefore a crime. The top court did not rule on marital rape.

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 violation of constitution and fundamental rights of minor bride’, says Supreme Court.

A bench headed by Justice Madan B Lokur had on September 6 asked the Centre how Parliament could create an exception in a law when the age of consent is 18. Under the Indian Penal Code or IPC, a man having sex with a girl below 18 – with or without her consent is defined as a crime. However, an exception is made if the girl is his wife and not below 15. The court today ruled that the exception is illegal.

---
---