The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

Sex with wife aged below 18 years is rape, punishable: Supreme Court

INS Correspondent by INS Correspondent
October 11, 2017
A A
Privacy a fundamental right: SC
Share on FacebookShare on TwitterWhatsappTelegramEmail

Delhi: Criminalising sex with a minor wife aged between 15 and 18 years, the Supreme Court of India Wednesday said that the exception in the rape law was arbitrary and was violative of the Constitution.

RELATED POSTS

Centre to take some major decisions to revive tourism in J&K: CM Omar

Amit Shah to visit J&K on May 29 and 30, first visit after Op Sindoor

Minor boy drowns while bathing in Hokersar, rescue ops launched

The exception in the rape law, SC said, was contrary to other statutes and violates ‘bodily integrity of a girl child’, Deccan chronicle reported.

SC ruled that Exception 2 to Section 375 of the Indian Penal Code, as it stands, is arbitrary and violative of Articles 14, 15 and 21 and not in consonance with the POCSO Act.

The apex court had earlier reserved the verdict while questioning the Centre how the Parliament could create an exception in law declaring that intercourse or a sexual act by a man with his wife, aged between 15 and less than 18 years, is not rape when the age of consent is 18.

Advocate Gaurav Agrawal had appeared for the petitioner NGO, Independent Thought.

The petitioners has pleaded that exception violates Article 14 of the Constitution.

According to barandbench.com, the exception classifies women into two categories based on their marital status but the said classification has no reasonable nexus to the object sought to be achieved.

Buy JNews
ADVERTISEMENT

 

“The said provision classifies girl children below the age of 18 years into two categories: (i) namely those who are married, and (ii) those who are not married. A husband can have sexual intercourse with his wife, if she is above the age of 15 years irrespective of her consent. However, for all other purposes the age of consent is 18 years. The Petitioner submits that this classification has no rational nexus with the object sought to be achieved.

The rationale for increasing the age of consent to 18 years in 2013 [from the earlier age of 16 years- which was the age of consent since 1940] is that a girl below the age of 18 years is considered incapable of realizing the consequences of her consent; she is treated as a minor under law and, therefore, mentally and physically not mature enough to give a valid consent.

Therefore, consent by a girl less than 18 years of age is no consent under law. If this is the object for increasing the age of consent to 18 years in 2013, then marriage of girl at the age of 15/16/17 years does not make the girl mature enough [mentally or physically] for the purpose of consent. Thus, the law is ex-facie discriminatory as the classification has no rational nexus with the object.”

Previous Post

HC green signal to J&K’s under-23 team to play cricket tourney 

Next Post

Slain Nasrullah being paraded through Hajin localities

INS Correspondent

INS Correspondent

Related Posts

Local horse rider was killed as he tried to save tourists: CM Omar
Regional

Centre to take some major decisions to revive tourism in J&K: CM Omar

May 27, 2025
MHA bans J&K Muslim League for 5 years
Regional

Amit Shah to visit J&K on May 29 and 30, first visit after Op Sindoor

May 27, 2025
8-yr-old girl drowns in Kishanganga river in Gurez
Regional

Minor boy drowns while bathing in Hokersar, rescue ops launched

May 27, 2025
Local horse rider was killed as he tried to save tourists: CM Omar
Regional

Cabinet meeting begins in Pahalgam

May 27, 2025
6 IAS officers relieved from Delhi to join J&K cadre
Regional

6 IAS officers relieved from Delhi to join J&K cadre

May 27, 2025
Ram Niwas Sharma appointed as Secy SED, J&K
Regional

Ram Niwas Sharma appointed as Secy SED, J&K

May 27, 2025
Next Post
Slain Nasrullah being paraded through Hajin localities

Slain Nasrullah being paraded through Hajin localities

Lawyers march to lal chowk against braid cutting incidents

Lawyers march to lal chowk against braid cutting incidents

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




SSM college students design wheelchair controlled by head, tongue movement

SSM college students design wheelchair controlled by head, tongue movement

January 31, 2019
25 JKAS Officers Transferred In Jammu and Kashmir

Divisional Commissioner Jammu, Several DCs Among 27 Officers Transferred In J&K

May 5, 2022
Deadline to link Aadhaar with bank accounts extended till March 31

Deadline for linking of Aadhaar with various services extended till March 31

December 15, 2017

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.