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SC to pronounce judgment on pleas challenging exception clause in rape law today

The Supreme Court On Wednesday Will Give Its Judgment On Whether Sex With Minor Wife After Marriage Can Be Brought Under The Ambit Of Rape Or Not.

By : Prakhar Sharma | Updated on: 11 Oct 2017, 02:27:43 AM
Supreme Court (file photo)

New Delhi:

The Supreme Court on Wednesday will give its judgment on whether sex with minor wife after marriage can be brought under the ambit of rape or not.

As per IPC 375 (2) a sexual act with wife below the age of 15 is considered rape, but there is no provision for women between the age of 15 and 18. 

Petitioner's demand in the SC: 

The petitioner, in this case, is a body called Independent Thought that has demanded to abolish IPC 375 (2). 
The argument put forward by the petitioner is that, when any sexual relationship with a consenting minor is considered as rape then why the IPC is silent on sexual act of married women between the age of 15 and 18.   

According to the petitioner, the Protection of Children from Sexual Offences Act (POCSO) should also address the issue of sexual exploitation of married women between the age of 15 and 18.

The central government said that keeping in view of the societal standards these laws were made and that the number of child marriages in India. 

After carefully considering the matter the parliament decided not to include sexual exploitation of minor wife between the age of 15 and 18 under the ambit of rape and also expressed concern over Supreme Court's interference in this complex issue. 

In the course of hearing the Supreme Court (SC) has asked both the centre and the petitioner that when in every other act of sexual offenses the age has been predefined then why IPC 375 (2) has the clause which says that sexual act with a wife in the age of 15-18 will not be considered as rape? 

In the 70 years of our independence, we have not been able to eradicate the menace of child marriage from our society and it is a shameful truth that we all have to accept, said the apex court.

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First Published : 11 Oct 2017, 02:09:15 AM

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Supreme Court Rape Law