Child sex law applies to wives
NEW DELHI – India’s top court yesterday ruled that a man is committing rape if he engages in sexual intercourse with his wife who is aged between 15 and 18, a landmark decision that will affect millions of child brides.
The legal age of consent is 18 years. The law regards even consensual sex with a woman under 16 as rape, but an exception had been made for intercourse between a man and his wife who is between 15 and 18.
Marital rape is not a crime in India, where the government has said criminalising marital rape could destabalise marriages and make men vulnerable to harassment by their wives.
The Supreme Court ruled the age of consent was 18 for “all purposes” after hearing a petition by Independent Thought, a non-profit group that sought to criminalise sex with underaged wives.
“Sexual intercourse by a married man with their minor wife below 18 years is rape,” the court said in its judgment, which was welcomed by women’s rights campaigners.
“I am very happy with the supreme court judgment,” Vikram Srivastava, a lawyer for Independent Thought, told Reuters.
“The judgment gives a boost to the national campaign of ‘Beti bachao and beti padhao,’” he added, using a Hindi phrase meaning ‘Save the girl child and educate the girl child’.
Solicitor General P.S. Narasimha, who represented the government, declined to comment.
Yesterday’s verdict would not be applied retrospectively, however, said the court, which based its conclusions on India’s Child Marriage Prohibition Act. (Reuters)