Supreme Court criminalises sex with wife under 18, but remains silent on marital rape: 10 facts

In a landmark judgment, the Supreme Court on Wednesday criminalised sexual intercourse between a man and his minor wife.

Here are 10 facts that will explain what does the verdict means:

1: The top court today said that if a man has sex with his wife aged between 15 and 18 years, he can be prosecuted for rape, in case the wife complains about the incident within a year.

2: The ruling cuts through the Article 375 of the Indian Penal Code that defines rape. According to it, “sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape”.

3: But the top court held the view that the exception in the rape law was arbitrary and was violative of the Constitution.

4: 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.

5: The ruling paves way for much simpler concept about consent and rules out any ambiguity between Indian Penal Code, Protection of Children from Sexual Offences Act and Prohibition of Child Marriage Act.

6: It is because the IPC Article was contradictory to …read more