11/10/2017

SC says sex with minor wife amounts to rape





New Delhi, Oct 11 (IANS) The Supreme Court on Wednesday struck down the provision of criminal law that permitted sex by a husband with his minor wife between the age of 15 to 18 years in a child marriage case.

Section 375 of the Indian Panel Code made an exception on the question of sex with minor wife by the husband in child marriage cases.

A bench of Justice Madan B. Lokur and Justice Deepak Gupta -- in separate but concurring judgements -- said the exception was "arbitrary, discriminatory and capricious".

Justice Lokur said the exception has no rational nexus with the objective sought to be achieved by the different statutes.

 

 

 

 

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