The Supreme Court of India today said that the intercourse or a sexual act by a husband with his wife, not below 15 years, is not a rape. Even the forced intercourse by a man with his wife cannot be considered as a criminal act.
According to The Indian Express a bench of justices M B Lokur and Deepak Gupta said: “Parliament has extensively debated the issue of marital rape and considered that it was not an offence of rape. Therefore, it cannot be considered as a criminal offence.
“There are cases when the college-going teens, below 18 years of age, engage in sexual activities consensually and get booked under the law.”Who is going to suffer? The boy is not at fault. The punishment of seven years is too harsh,”
The bench further added: “In these cases, we do have a problem if look at various aspects.”
If a girl is under 18 years of age, but more than 15 and married, then no offence of rape is made out.
Meanwhile, Advocate Gaurav Agarwal who is appearing for NGO Independent Though said: “Parliament cannot impinge upon Article 21 by allowing the girl to marry under 18 years of age and allowing her to get pregnant or have intercourse. The Parliament should have considered various reports of the United Nations.”
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