VidhiSangh

Supreme Court of India · 11/10/2017

INDEPENDENT THOUGHT versus UNION OF INDIA & ANR.

[2017] 13 S.C.R. 821 · 2017 INSC 1030

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Summary

In a public-interest challenge confined to married girls below eighteen, the Court read down Exception 2 to Section 375 IPC so that a husband’s sexual acts with his wife below eighteen were not exempt from rape law. The concurring opinions relied on equality, dignity, bodily integrity and child-protection statutes. The judgment operated prospectively and left adult marital rape undecided.

Issues

  1. Whether the marital exception could exclude wives aged fifteen to eighteen from statutory rape protection.
  2. How the exception should be harmonised with POCSO and other child-protection laws.
  3. What temporal and procedural limits applied to relief.

Provisions considered

Held

Result

Directions issued reading down Exception 2 to Section 375 IPC to exclude wives below eighteen from its immunity, prospectively and subject to Section 198(6) CrPC; adult marital rape left open.

Judgment PDF: Supreme Court of India, [2017] 13 S.C.R. 821.