SC permits MTP of 29-week pregnancy of minor rape survivor
The top court also set aside the Bombay High Court order declining the plea for the medical termination of her pregnancy.
In a landmark judgment, the Supreme Court on Wednesday ruled that sexual intercourse with wife below the age of 18 years is rape and will be a punishable offence under the Indian Penal Code (IPC).
Striking down the provision of criminal law that permitted sex with wife aged between 15 and 18, the apex court said that age of consent for sex cannot be reduced from 18 years and that the husband is liable to be prosecuted if the woman files a complaint within a year of the sexual act.
“Sex with wife aged between 15 and 18 years would be a punishable offence under the IPC,” the apex court said as it expressed concern over practice of child marriage.
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The SC said exception in rape law was discriminatory, capricious and arbitrary and that social justice laws were not being implemented with the spirit they have been enacted.
Rape and child marriage laws of India disagree on age of consent. Section 375 of the Indian Panel says sex with a girl less than 18 is rape but it makes an exception allowing sex with wife who is 15 or above, saying it is not rape even if it is without her consent.
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.
Describing as artificial the distinction between minor girl and a minor girl in child marriage, Justice Lokur said it was contrary to the philosophy of many statutes like Prohibition of Child Marriage Act and Protection of Children from Sexual Offences Act.
The court also urged the Centre and the state governments to take proactive steps to discourage child marriages.
Justice Gupta said the exception carved out in Section 375 of the Indian Penal Code was violative of Article 14, ArticLe 15 and Article 21 of the Constitution.
(With inputs from agencies)
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