Published: Wed, October 11, 2017
Worldwide | By Gretchen Simon

Sex with wife between 15-18 years is rape

Sex with wife between 15-18 years is rape

"A committee formed under Justice Verma relied on this reference and recommended a compulsory age of 18 years to have sexual intercourse", the counsel had said.

The Supreme Court on Wednesday said that sexual intercourse between a husband and his underage wife (below 18 years) will be considered as rape, provided the latter files a complaint within one year of the incident taking place, reports said. It also said the exception was contrary to the philosophy of other statutes and violated the bodily integrity of a girl child.

The bench clarified that it has not dealt with the issue of marital rape as it was not raised before it by respective parties.

The court, however, rejected this contention and asked the central and state governments to take proactive steps to prevent child marriages.

What do you think about Supreme Court's decision? The Centre defended the logic in Court, by arguing that the law was in this manner to protect the "institution of marriage".

However, the court had expressed its distress at how laws had not been able to stop the social evil of child marriage, especially in rural parts of the country.

"The judgement today in two lines says that if anyone now marries a girl child below the age of 18 years and if the girl complains within a year of sexual intercourse, then that person can be prosecuted for rape", he said in comments broadcast on the NDTV news network.

Parents leave three-year-old boy in corn maze, don't realise until next day
When the group returned home, they watched a movie and she dozed off, unaware that she had left her child. The parents woke up and realized the child was gone after they got home from the corn maze.

However the age of consent in the country is still 18 and marital rape isn't an offence, so married couples over 18 can not press rape charges on their spouse, according to the BBC.

So far, Indian laws disagree on age of consent when it comes to child marriage.

The exception to section 375 of the IPC was defeating the goal of Prohibition of Child Marriage Act and was also in violation of worldwide conventions to which India was a signatory, the petition argued.

It also said child marriages were a reality in India where economic and educational development was uneven.

The apex court had said it did not want to go into the aspect of marital rape, but when the age of consent was 18 years for "all purposes", why was such an exception made in the Indian Penal Code (IPC).

Referring to the same, the Apex court said that, "exceptions in rape law is discriminatory, capricious and arbitrary".

These tweets make it seem like the Supreme Court was majorly confused about what exactly they wanted to make illegal and what they wished to legalise.

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