Sex with wife below 18 years is rape from 11/10/2017

Independent Thought vs Union of India

Supreme Court

11/10/2017

(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.

Read the Judgment

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