Increase in the age of consent in child marriages- Exception to Rape within Child Marriages annulled

The writ petition was brought by the NGO Independent Though which works in the area of child rights and welfare challenging the violation of the rights of the girl children between 15 to 18 years who are married. The Petitioners questioned the constitutionality of Exception 2 to Section 375 of the IPC which provides that sexual intercourse with a girl child between 15 and 18 years of age is not rape if the sexual intercourse is between the girl child and her husband. The Court read down the exception such that the sexual intercourse with a girl below 18 years is rape, whether she is married or not. It It creates an unnecessary, artificial, and arbitrary distinction between a married girl child and an unmarried girl child which is not in the best interests of the girl child and violates the constitutional values of equality, liberty, dignity, bodily integrity, reproductive health, and India’s international law commitments. The exception also goes against other child protection statutes.