A measure long overdue
The SC ruling puts the rape and child protection laws in sync
In Wednesdayfrom betweencourta landmarkdoinghas a not man for did just ruling,and manywhat assailedhis the yearsthe minor and legislatorsSupreme— wifesetit has aside (girl Courthave criminalisedthe child). The definitionshiedof India away apex sexon of (IPC)rape but under has the also Indiandone away Penal with Code the artificial distinction between a married girl child and an unmarried girl child in the rape law. According to the rape law — the age of consent is 18 years, meaning that sex with a minor girl is rape. But unfortunately, in the same breath, the law also protected sexual intercourse between a man and his wife being a girl between 15 and 18 years of age. rape law and Protection of Children from Sexual Offences Act 15 (POCSO).Beforeand 18 this years Having verdictof sexualage, therethe intercoursehusbandalso existedof with the dualitya girl girl child child betweenis betweensaid the to have not committed rape as defined in Section 375 of the IPC but is said to have committed aggravated penetrative sexual assault in terms of Section 5(n) of the POCSO Act. Despite progressive legislations like POCSO and Juvenile Justice Act, which protect rights of children, girl child/child brides who otherwise are treated as minors under various laws were afforded no protection under the IPC. While the government took steps to do away with the social evil of child marriages and enacted a law, it did not bring changes in the rape law as both the laws disagreed on the age of consent. Now the top court has upheld the rights of girls who are married between the ages of 15 and 18 years and in doing so has harmonised the IPC with POCSO Act, JJ Act and the Prohibition of Child Marriage Act.
What this judgment has achieved is that it has come to the rescue of girl child or child brides who would have been otherwise degraded, humiliated and destroyed. According to government data, 46% of women in India between the ages of 18 and 29 years were married before the age of 18 years. It is also estimated that there are about 23 million child brides in India.