August,29,2016:

Child marriages are discouraged but still such marriage below the permissible age is not void in Law because of social realities.

Center Govt. today submitted before High Court Delhi that since child marriages are still taking place in the Country it has decided to retain minimum age of Girl to marry as 15 years under the amended rape law.

This is done only to protect the young couple against criminalisation of their sexual activity post Marriage.

This plea was made by Ministry of Home Affairs (MHA) before the Division bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal.

The Bench was hearing a PIL wherein it is claimed that an “inconsistency” has crept in the Law through the amended rape provision which gives protection to a husband from criminal prosecution for the offence of unnatural sex with his wife.

While mentioning the amended Section 375(2) of IPC, qua age of girl for marriage, MHA said that the development in the country on social, economic and educational  fields is still uneven. Child marriages are still taking place.

It is for this reason that Govt. decided to maintain the age of 15 years under exception 2 of section 375 (rape) of the IPC in order to give protection to Couple against criminalising the sexual activity.

Govt. said that even though the age of consent for marriage is 18 years and child marriages are discouraged but still such marriage below the permissible age is not void in law because of social realities.

Petition has alleged that the amendment made in 2013 in section 375 (rape) of the IPC was “incorrect” and is in conflict with and “inconsistent” with section 377 (unnatural sex) of IPC.

As per the plea raised the alleged act of husband is penal at one place in IPC and not penal at another, has rendered the penal law inconsistent.

The origin of the Petition is of 2013 when the man had married the 20-year-old girl who later lodged an FIR against him for alleged offences of rape and unnatural sex with her.

The trial court discharged him for the offence of rape but he was asked to face trial on the charge of committing unnatural sex with his wife. He is on bail from High Court since January 2015.

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