Why in news?
The Supreme Court has struck down an exception to Section 375 of the IPC, dealing with the offence of rape.
What is the case about?
- The exception clause in Section 375 of the IPC had long been a controversial one.
- Under it, intercourse or sexual act by a man with his wife, not below 15 years, is not rape.
- The Supreme Court has struck down this exception, and now a case can be registered against the husband on the girl's complaint.
- Notably, the centre's stance was in support of the exception, as marriage of minors is an old custom still practised by many social groups.
- It said criminalising the consummation of a marriage union with a serious offence such as rape would not be appropriate.
What is the concern with Sec 375?
- The exception clause in Sec 375, IPC stands in contrast to the following:
- Criminal Law Amendment Act, 2013 raised the age of consent for sexual intercourse for girls, from 16 to 18 years.
- Protection of Children from Sexual Offences Act, 2012 considers sex with children, those below 18, as rape.
- Prohibition of Child Marriage Act, 2006 and Juvenile Justice Act, 2015 also define children as those below 18 years.
- The exception works as a disadvantage to a married girl child as against an unmarried girl child.
- It deprives them of legal protection against forced sexual intercourse.
- And is also violative of the right to life of the minor guaranteed in Article 21.
What lies ahead?
- The recent SC judgement has prioritised the rights of an adolescent above the social practises.
- However, it has restricted itself to the reading of Sec 375, IPC, but the larger issue of marital rape of women above 18 years is still unaddressed.
- Resolving this would go a long way in ensuring the rights and choices of women in their private space.
Source: Indian Express
