In a landmark ruling delivered on November 12, the Bombay High Court clarified that consensual sexual intercourse with a wife under the age of 18 is considered rape under Indian law.
The decision was pronounced by a single-judge bench led by Justice Govind Sanap while hearing a criminal appeal filed by a man challenging his conviction under charges of rape and provisions of the Protection of Children from Sexual Oftences (POCSO) Act.
The case pertained to a verdict from September 9, 2021, by a trial court in Wardha district, where the accused had been convicted of sexually assaulting a minor girl, who he claimed was his wife. Justice Sanap upheld the trial court's decision, rejecting the argument that consensual sexual intercourse within the marital bond cannot amount to rape. The court emphasized that the age of consent, as stipulated by law, remains above 18 years, regardless of marital status.
Key Observations by the Court
Justice Sanap underscored that any sexual intercourse with a girl under 18 years, even if performed under the guise of marriage, constitutes rape. "It needs to be stated that sexual intercourse with a girl below 18 years of age is rape, regardless of whether she is married or not," the judge remarked, citing Supreme Court precedents to reinforce his stance. He further added that the defense of consensual intercourse with a minor wife is invalid in the eyes of the law.
The court dismissed the appellant's claims, stating that even assuming the existence of a marital relationship, the allegations of sexual assault and coercion brought forth by the minor victim would suffice to establish the charges of rape. Justice Sanap clarified that the law prioritizes the protection of minors, rendering the argument of consensual intercourse legally irrelevant.
Details of the Case
The man, whose appeal was under scrutiny, had been arrested on May 25, 2019, following a complaint lodged by a minor girl who was 31 weeks pregnant at the time. The girl, who alleged being in a love affair with the man, accused him of forcibly having sexual intercourse with her on the false promise of marriage. Despite repeated instances of sexual exploitation, the man is reported to have evaded his responsibility, committing what the court described as fraudulent acts to mislead the victim.
The girl recounted how the man rented a house and conducted a ceremonial exchange of garlands in the presence of neighbors, leading her to believe they were married. Following this, the accused continued his sexual relationship with her and pressured her to terminate the pregnancy. Upon her refusal to undergo an abortion, the man reportedly assaulted her multiple times, including at her parents' house. The victim eventually realized that the supposed marriage was fraudulent and sought legal action against the man.
Court's Final Judgment
Upholding the trial court's verdict, Justice Sanap reaffirmed that the sexual exploitation of a minor, even under the pretense of marriage, cannot be excused. The court stressed the need to safeguard the rights and dignity of minors, highlighting that the legal framework unequivocally prohibits any form of sexual activity involving individuals below the age of consent.
(Input from various sources)
(Rehash/Ankur Deka/MSM)
