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This is an archive article published on February 14, 2005

Child marriage law ambiguous, says Poornima

At what age can a woman legally give her consent for sexual intercourse? According to Poornima Advani, former NCW chairperson, jurisprudence...

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At what age can a woman legally give her consent for sexual intercourse?

According to Poornima Advani, former NCW chairperson, jurisprudence has ‘‘ambiguous’’ provisions on this issue. Under the Child Marriages Restraint Act, 1929, the right age for a girl’s marriage and for her to make a choice to have sex is 18, while various sections of the IPC treat women differently on this.

For example, under Section 90 of the IPC, a girl has to be 12 years old to give consent for sex. Under Section 376 of the IPC (rape), she needs to be only 16 to give her consent in case of marital rape while the same Section says a girl has to be 12 years old to give consent for the sexual act.

Advani says this ambiguity happened because the Child Marriages Restraint Act was amended, while the corresponding IPC sections were not fully changed.

 

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