The Supreme Court challenging the exception to the Section 375 (rape) of Indian Penal Code held that if a man had sexual intercourse with his minor wife then he will be guilty of offence of Rape. The bench consisting of Justice Madan B. Lokur and Deepak Gupta further said that the exception to the section 375 allows the man to indulge in sexual intercourse with his minor wife not below the age of 15 years.
This judgment by the Supreme Court puts an end to the disparity between the exception to the section 375 and the recent law such as Protection of Children from Sexual offences Act which defines a child as a person who is below the 18 years of age.
The SC in its judgment said that the NGO Independent was right in filing this petition with a view that the when sexual intercourse with a girl below the age of 18 years amounts to rape whether with or without the consent and they why it is not so in case she is married. The NGO further stated in its petition that the exception violates the fundamental right to life and equality of minors.
The SC has questioned the Parliament asking reasons for an exception allowing a man to have sexual relationship with minor wife and why it does not amount to rape. The SC has further pointed out that when the Parliament has decided the age of 18 years for the consent in all other aspects, they why to crave for this exception.
The government council in his defense stated that this exception was the result of due thought and consideration.
The bench of SC also stated that despite being a law against Child Marriage, the practice is very much going on and we have not been able to remove it from the roots from 70 years now.
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