The main issue has been raised before the court that whether sexual intercourse between a man and his wife being a girl between 15 and 18 years of age is rape?
The judgment was delivered by Justice Madan B. Lokur and Justice Deepak Gupta in the case of INDEPENDENT THOUGHT V. UNION OF INDIA AND ANR.
The Judgement was delivered by Justice Madan B.Lokur and Justice Deepak Gupta.
Justice Madan B. Lokur held that Exception 2 to Section 375 of The Indian Penal Code, 1860 ( the IPC) answers this in the negative, but in our opinion, sexual intercourse with a girl below 18 years of age is rape regardless of whether she is carried or not.
Justice Deepak Gupta ruled that Exception 2 to Section 375 of the Indian Penal Code,1860 answers this in the negative, but in our opinion sexual intercourse with a girl below 18 years of age is rape regardless of whether she is married or not.
Justice Deepak Gupta ruled that Exception 2 to Section 375 of the Indian Penal Code,1860 (the IPC) in so far as it relates to a girl child below 18 years is liable to be struck down on the following grounds:-
It is arbitrary, capricious whimsical, and violative of the rights of the girl child and not fair, just, and reasonable, and, therefore, violate Article 14,15 and 21 of the Constitution of India;
It is discriminatory and violative of the Articles of the Constitution of India and:
It is inconsistent with the provisions of POCSO, which must prevail.
Therefore, exception 2 to Section 375 IPC is read down as follows: ” Sexual intercourse or sexual acts by a man with his own wife, the wife not being 18 years, is not rape”.
