Supreme Court verdict: Sexual Relation with the Minor wife will be considered as Rape.
In the verdict, the court said that a husband can be sued for having physical relationship with a minor wife of age 15 to 18 years.
The Supreme Court has passed a major decision today. It is said that having a physical relationship with a wife below the age of 18 years will be treated as rape. With this decision, the court dismissed the exception of Section 375 (2) of the IPC, which gave relaxation on the relationship between a 15 to 18-year-old minor wife, from the category of rape.
Husband can be prosecuted for misbehavior :
In his decision, the court said that a husband can be prosecuted for having sexual relations with a minor wife of 15 to 18 years. But the court also said that the case of rape will be registered against the husband even after the girl files a complaint within an year. The decision of the court will be implemented in advance. Older cases will not be affected by this.
A non-governmental organization, Independent Thatt, had demanded repeal Section 375 (2), stating, discriminating between married and non-married 15 to 18 years of age. Under section 375 (2) of the IPC, it was not considered a crime to have a physical relationship with a minor wife of 15 to 18 years.
This argument was given to cancel Section 375 (2) :
The NGO had said that creating a physical relationship with a minor wife should be sectioned in the category of misbehavior. Advocate Gaurav Agarwal said, “We see a girl under the age of 18 years as a child under the Poxo Act, but once she is married, she does not consider her as a child under section 375 (2) of the IPC. It is totally inappropriate.
The fact is that a girl under the age of 15 should be seen as a girl if she is married or not. Parliament will have to protect the child. He said, in the same way as the age of being mature is fixed at 18 years, the age of consent of the woman should also be applied to 18 years in order to form a relationship.
The government, in favor of the law, advocated the social environment and said that despite being illegal, child marriages are still prevalent. The government had clearly said that child marriage is a social reality and making law on it is the work of Parliament. A court can not interfere in it.
It is notable that the exception of the IPC 375 (2) law says that if a husband is married to 15 to 18 years of age and have sexual relationship with the same, then it will not be considered as a rape, whereas according to the child marriage law, the age of the woman should be 18 years of marriage.
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