Consensual Sex with Minor Wife not Rape: SC

Thu Aug 10 2017 12:22:06 GMT+0530 (IST)

An NGO moved PIL in Supreme Court seeking directions to fix the legal age for a Wife to have sex with her Husband at 18 Years. The Petition demanded Sex with a Woman under the age of 18 should be treated as a Rape though if it happened with her consent.

As per POCSO Act, A Girl under 18 Years of age is considered as a Child. However, The same girl could no more be a child as per Exception 2 to Section 375 of IPC once she gets married. Sex with a girl in the age group of 15-18 can't be a criminal offense. 'Only 6 convictions took place so far though there are over 23 million child brides in the country. Even Husbands who had sex with wives under the age of 18 are punishable,' argued the lawyer of the NGO. Whereas, Counsel representing Centre defended the existing laws.

Supreme Court: 'As per the existing law, Only sex with a girl under the age of 15 is termed as rape. If a man have a physical relationship with a girl in age group of 15-18 with her consent, then it can't be treated as criminal offense/rape. These days, College-going Youth are having live-in relationships. Though they were having sex with mutual consent, Few cases were filed once in a while though boys have done nothing wrong. Sentencing them to 7 years in prison is cruel'.