Question: Recently, the Supreme Court in an important decisions, declare that sex with minor wife will be included in the category of rap. What should be the age of the Minor wife to constitute rape?
(a) Less than16 years
(b) Less than 17 years
(c) Less than 18 years
(d) Less than 19 years
Answer: (c)
Related Facts:
- On October 11, 2017, the Supreme Court has pronounced a landmark verdict on social issue.
- The Court ruled that a man who has sex with his minor wife is guilty of rape.
- According to the court, if a woman under the age of 18 complains about physical connection, then it will be considered a rape even if the person making the relationship is her husband.
- The court was ruling on public interest litigation (PIL) by an NGO, Independent Thought, challenging the exception made out under provisions of the Indian Penal Code.
- In this petition, section 2 of Section -375 of the IPC has been opposed.
- According to exception -2 of this section, the sexual intercourse with the wife above 15 years is not rape.
- It is known that the minimum age for establishing physical relationships with mutual consent is 18 years but this one was an exception.
- The petition said that this section should be removed as it violates Article 14, 15, 21 of the Constitution.
Reference:
http://www.thehindu.com/news/national/sex-with-minor-wife-is-rape-says-supreme-court/article19838085.ece
http://www.hindustantimes.com/india-news/sc-says-sex-with-wife-below-18-is-rape-explaining-the-case-controversy/story-kqHrPDJue9ioT7TKyBcrCP.html