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

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting

CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case

Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy

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

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting
Regional

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting

June 3, 2026
CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case
Regional

CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case

June 3, 2026
Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy
Regional

Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy

June 3, 2026
AIKS Thanks Delhi Government for Relief to Kashmiri Migrants, Seeks Increase in Assistance
Regional

AIKS Thanks Delhi Government for Relief to Kashmiri Migrants, Seeks Increase in Assistance

June 2, 2026
‘Flight ops at Srinagar airport to resume with immediate effect’
Regional

Sxr Airport to remain shut on Mondays, Tuesdays from July to September

June 2, 2026
Multi-layered security arrangements in place to ensure peaceful R-Day celebrations: IGP Kashmir
Regional

IGP Birdi set to proceed on central deputation; Appointed IG, CRPF

June 1, 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




Cyber Police Kashmir issues advisory

Police issue advisory over use of firecrackers in Sgr

September 24, 2025
Kashmir University playing with students career: protesting students in Sopore

Kashmir University playing with students career: protesting students in Sopore

March 26, 2018
Kanwals bereaved; cousin dies of heart attack

Woman dies of ‘medical negligence’ in Anantnag hospital, probe ordered

June 26, 2019

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.