Sex with wife below 18 years is rape from 11/10/2017
Independent Thought vs Union of India
(2017) 10 SCC 800; AIR 2017 SC 4904; (2017) 243 DLT 1; WRIT PETITION (CIVIL) NO. 382 OF 2013
About/from the judgment:
Sex with wife below 18 years is rape from 11/10/2017!
S. 375 Exception 2 - Arbitrary - Object stated to be to maintain tradition and sanctity of early marriage in Indian - Classification of age of 15 to 18 yrs to decriminalise rape with wife of that age has no nexus with object of maintaining sanctity of marriage, when pro-girl child laws mandate that such marriage is a criminal offence - View that law providing sexual intercourse with minor wife as rape has potentiality of destroying institution of marriage cannot be accepted as marriage is not institutional but personal.
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