In a welcome move, the Supreme Court on Wednesday ruled that sexual intercourse with wife below 18 years of age will be considered as rape. The top court further affirmed that the age of consent was 18 and will be not be lowered. The judgement comes in response to a petition challenging the exception that stated that the intercourse by a man with his wife, not below 15 years, was not rape.
“If a man has sexual intercourse with a wife who is below 18 years, it is an offence. The minor wife can complain against the husband within one year,” the court observed.
“Exception 2 in Section 375 of IPC (Indian Penal Code) granting protection to the husband is violative of the constitution and fundamental rights of the minor bride”, SC added. Supreme Court had earlier asserted that it would not like to get into the aspect of marital rape and said that it cannot be considered as a criminal offence. The apex court had also ruled that the marrying a girl who is below 15 years of age was “illegal”.
While marital rape is not a criminal offence in India, countries like USA, France, Brazil, Australia and Canada have criminalised marital rape.
“There are cases when college-going teens, below 18 years of age, engage in sexual activities consensually and get booked under the law. Who is going to suffer? The boy is not at fault. The punishment of seven years is too harsh,” the court had earlier said.
While some hailed Supreme Court’s decision, some also questioned why marriage below 18 years of age was even legal. Here’ how Twitter reacted to the verdict:
Supreme Court: Sex with minor wife is rape, violation of her fundamental rights. Why is it considered a marriage in the first place?
— Sonam Mahajan (@AsYouNotWish) October 11, 2017
I agree with u.Marrying a minor is null and void,besides being illegal. So sex with a minor wife is a criminal act as it is out of wedlock.
— Dr S.Bhaskara Rao (@AttorneyDrSBRao) October 11, 2017
When a rule, law or judgement is passed why can’t it be holistic. Why leave gaps? Why leave 15-18 husbands as well?
Are they not affected?— G-SAT (@gauravsatle) October 11, 2017
Why would der be a minor wife if marrying minor is banned? Can’t they make policies more stringent 2 avoid marrying a minor in first place
— Sudhir Reddy (@sudhirreddyhere) October 11, 2017
What if even the Husband is a minor? Why is it always that only a Woman is considered victim & as per our Judges “Men cannot be raped”? https://t.co/ZnY3ijLtiI
— Dhongi Monk_ (@DhongiMonk) October 11, 2017
First implement the practice where you can’t have a Minor Wife in your life.
— Rishav Mukherjee (@mukherjeeR) October 11, 2017
Whats wrong with #SupremeCourt now a days !! Again confused decisions ! Sex with minor wife is rape, but What about such Marriage ?? Legal !
— Arnab Goswami (@ArnabGosvvami) October 11, 2017
What do you think about Supreme Court’s decision?
