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

J&K power tariff hiked by 6.83% from September 01

DGP Reviews SOG Preparedness, Interacts with Personnel in Shopian

Agriculture Emerging as Next Big Frontier for Youth Entrepreneurship: LG Sinha

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

J&K power tariff hiked by  6.83% from September 01
Regional

J&K power tariff hiked by 6.83% from September 01

August 22, 2026
DGP Reviews SOG Preparedness, Interacts with Personnel in Shopian
Regional

DGP Reviews SOG Preparedness, Interacts with Personnel in Shopian

August 21, 2026
Agriculture Emerging as Next Big Frontier for Youth Entrepreneurship: LG Sinha
Regional

Agriculture Emerging as Next Big Frontier for Youth Entrepreneurship: LG Sinha

August 21, 2026
50 JKAS officers appointed as Liaison Officers for 1st IFFJK
Regional

50 JKAS officers appointed as Liaison Officers for 1st IFFJK

August 21, 2026
LG Sinha visits Vibrant Village Karol Krishna in Kathua
Regional

LG Sinha visits Vibrant Village Karol Krishna in Kathua

August 20, 2026
Athwas Presents JKPL Season 3: Uniform launch event held at Royal Springs Golf Course
Regional

Athwas Presents JKPL Season 3: Uniform launch event held at Royal Springs Golf Course

August 20, 2026
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




Baramulla boat capsize: Body of one more youth recovered on 4th day

May 4, 2018

Govt holds Public Grievance camp in Srinagar

February 18, 2020
3 militants, 2 soldiers killed as Shopian gunfight ends

Militant Killed in encounter at Arwani Anantnag in South Kashmir: Police

December 24, 2021

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.