The Supreme Court, in a landmark judgement, ruled out that sexual intercourse with a minor wife between 15 and 18 years of ages will amount to rape and hence, it is better not to arrange child marriages in the new age. But the landmark ruling failed to address larger issue of marital rape. However, the offender will face minimum of 7 years in jail. In this case, the prosecution can be initiated on complaint by girl or by any other person at her instance within a year of the offence. This is a step towards acknowledging the notion of rape in marriage, though the court did not address larger issue. It is very difficult to enforce the ruling inside the bedroom as minors seldom aware of their own rights and may fall prey through infatuation as well. It is very difficult to make a complaint to the members of the family of the bridegroom. In this move who will alert the law. It can be possible by the minor victim or the neighbours who hear the cry or the society at large. The Supreme Court has now struck down and held invalid the exception clause, saying that it was arbitrary and violative of the constitution.
Chitra Rugmini
(The views expressed by the author in the article are his/her own.)
