Sex with wife below 18 years is rape, punishable under IPC: Supreme Court
It voiced concern over
thousands of minor girls being married in mass wedding ceremonies on Akshaya
Tritiya
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NEWS : The
apex court said the exception in the rape
law was contrary to the philosophy of other statutes and violates the
bodily integrity of a girl child.
A bench comprising Justice Madan B
Lokur and Deepak Gupta also expressed concern over the prevalent practice of
child marriage in the country and said social justice laws were not implemented
with the spirit with which they have been enacted by Parliament.
The bench clarified that it has not
dealt with the issue of marital rape as it was not raised before it by
respective parties.
Justice Gupta, who wrote a separate
but concurrent verdict, said the age of marriage was 18 in all laws and the
exception is given in the rape law under the IPC is "capricious, arbitrary
and violates the rights of a girl child".
The apex court said the exception
is violative of Article 14, 15 and 21 of the Constitution.
It asked the Centre and the states
to take proactive steps to prohibit child marriage across the country.
It voiced concern over thousands of
minor girls being married in mass wedding ceremonies on the occasion of Akshaya
Tritiya.
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