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SC decries sex with minor bride as a “discriminatory, capricious and punishable act”

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9 years ago

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[vc_row][vc_column][vc_column_text]Apex court verdict is only on the issue of sex between husband and wife who is aged between 15 and 18 years, not on larger issue of marital rape

In a landmark order, a Supreme Court bench of Justices Madan B Lokur and Deepak Gupta has decided that a husband’s having sex with his wife who is aged between 15 and 18 years is a punishable offence under the Indian Penal Code (IPC) – as amended by the Criminal Law (Amendment) Act, 2013. The bench directed that the police can arrest and prosecute the husband if the wife complains.

This is the verdict that the Bench delivered on Wednesday (October 11), but the top court also made it clear that it has not dealt with the issue of marital rape. That issue is being heard at the Delhi High Court, so the apex court has not moved into that realm. In case of marital rape, age ceases to be an issue. This is a specific area within the wider issue of marital rape.

In giving its verdict, the apex court clearly stated that Exception 2 to Section 375 of the IPC (law on rape) was “discriminatory, capricious and arbitrary under Article 14” (which provides for equality before the law and equal protection… and prohibits discrimination on grounds of religion, race, caste, sex or place of birth, or any of them) of the Indian Constitution as well as under the POCSO Act.

The Bench also observed in its judgment that the states and the Centre must make some guidelines related to this. The case came up through a writ petition filed by an NGO Independent Thought, questioning the constitutionality of a provision permitting a man to have physical relationship with his wife if she is aged between 15 and 18 years.

The Bench also expressed its concern over the practice of child marriage, observing that social justice laws are not being implemented with the spirit with which they have been enacted. It said the government has to take action to stop the mass child marriages that take place on the occasion of Akshay Tritiya and other such religious occasions.

Explaining the reading down of Exception 2 of the section, the Bench said: “The exception in rape law under the IPC is contrary to other statutes, violates bodily integrity of girl child.”

The Supreme Court had completed its hearing on the issue on September 6 and had reserved its judgment.

While the Supreme Court Bench clarified that it had not dealt with marital rape, the NGO’s contention in its writ was that this act of the husband, without the consent of the bride, needs to also be termed marital rape.

In fact, it was clear in the argument of advocate Rana Mukerjee, for the Union of India, that the age of consent was important. He had said: “The Law Commission’s 77th report makes a provision for the girl to report any sexual offence, directly to highest police authorities. From the 13th Law Commission report pertaining to consent to have sexual intercourse, a committee was formed which raised the age of consent from 16 to 18years.”

“A committee formed under Justice Verma relied on this reference and recommended a compulsory age of 18 years to have sexual intercourse,” the counsel had said. However, Mukerjee had virtually contradicted himself in placing before the court the position of the government, when he had said: “Consideration of rape in marriages would weaken traditional family values in India, and that marriage presumes consent.”

Then, as a backup thought, he had said that 15 to 18 years is a qualified age to have sexual intercourse. Even, Muslim Law recognises 15 years as the age of puberty.

This assumption that marriage presumes consent has not gone down well with the court. Not only does it run in the face of age of consent (18), it also presumes that even if the bride refuses to have sex the law will assume that she has consented.

All of that has been struck down by the court on Wednesday.

-India Legal Bureau

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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2 hours ago

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April 16, 2026

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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9 hours ago

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April 16, 2026

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

Published

11 hours ago

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April 16, 2026

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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