http://josiart.at/rete/4980 The honorable Supreme Court announced its verdict today that the sex between a man and his minor wife would constitute rape under the Indian Penal Code. The news is going viral on the social site and internet and it is immensely making headlines.
The justice Deepak Gupta and Madan B Lokur and told, today that the exception in Section 375, the law against rape in the IPC, is discriminatory, capricious and arbitrary. The exception states: “Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
The court ruled that subordinates the legal age for sex to 15 only because the minor was married violated the Constitution of India. “If a man has sexual intercourse with a wife who is below 18 years, it is an offense. The minor wife can complain against the husband within one year,” the judges stated.
As per the various media reports, “The exception in rape law under the IPC is contrary to other statutes, violates bodily integrity of girl child,” they said.
Under Indian law, sex with a minor (below 18) is a crime. Until today, the only exemption to the law as if the minor was a wife. The exception is also going towards the Protection of Children from Sexual Offences Act (POCSO) which criminalizes sex with minors as rape.
The judgment prohibition sex with a minor wife will be surely having an important and crucial impact on restraining the child marriages. The apex court also emphasized that the Indian government to take more initiative so that the child marriage can be stopped and ban in our nation.
The judges see and observed that the social justice laws are not being put into practice or implemented with the spirit in which they were endorsed.
The Supreme Court clarified that this decision has nothing to do with the marital rape, so the decision of this issue is now awaited reportedly.
The decision of the today is the result of a petition filed by a Noida based NGO, Independent Thought, which challenged the exception under Section 375 as being violative of fundamental rights enshrined in the Constitution.
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