SC says sex with minor wife amounts to rape

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

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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