‘Isn’t child marriage illegal?’ Twitterati wonder as SC rules sex with ‘minor wife’ is rape

The Supreme Court ruled that sex with wife aged between 15 and 18 years would be a punishable offence under the Indian Penal Code. While some have applauded the decree on Twitter, others were puzzled and asked if child marriage is illegal or not.

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Sex with wife aged between 15 and 18 years would be a punishable offence. (Source: File Photo)

In yet another commendable judgment, the Supreme Court ruled that sex with wife aged between 15 and 18 years would be a punishable offence under the Indian Penal Code. The husband is liable to be prosecuted if the woman files a complaint within a year of the sexual act, the Supreme Court said. Earlier, the laws of sex and rape were in contradiction with each other on the age of consent. The petition by NGO Independent Thought had challenged the exception clause (2) in Section 375 IPC (which deals with rape) that says says sex with a girl less than 18 is rape but it makes an exception allowing sex with wife who is 15 or above, saying it is not rape even if it is without her consent.

At a time when the apex court is already hearing petitions for marital rape to be declared crime and people are debating over the age of consent, the order came as a breakthrough. However, the wording has left many confused on social media. While some have applauded the decree on Twitter, others were puzzled as how could one have a wife below the age of 15 and asked if child marriage is illegal or not.

Take a look at some tweets below.

Sex between man & wife, wife being under 18 years will amount to rape, orders Supreme Court @IndianExpress

— Ananthakrishnan G (@axidentaljourno) October 11, 2017

India Supreme Court rules that sex with and underage wife is rape. Now that’s good news a step in the right direction.

— Alice Calderon (@American4sure) October 11, 2017

SC says sex with minor wife is rape… Does that mean child marriage is ok as long as there is no sex involved? #AmazingJustice

— Ram Subramanian (@VORdotcom) October 11, 2017

Supreme Court: Sex with minor wife is rape, violation of her fundamental rights. Why is it considered a marriage in the first place?

— Sonam Mahajan (@AsYouNotWish) October 11, 2017

Wife? Below 18 years? ‘Minor wife’ isn’t d term contradictory? Crime in itself???

— Shhhhhhweta👿 (@i_LiE__) October 11, 2017

Minor wife is illegal no? https://t.co/OBNkZtwUW0

— Kshitij (@ksholumbus) October 11, 2017

Minor girls marriage is null & void as per Indian Constitution. Then where is the question of having sex. What is wrong with #SupremeCourt

— Vidyadhar Hatpakki (@Vidyadarc) October 11, 2017

SC criminalises sex with minor wife & it would now be considered as rape. But will this apply to Muslims too? What abt #MuslimPersonallaw ?

— Dr. Manish Kumar (@DrManishKumar1) October 11, 2017

#supremecourt
Minor rape
I am requesting to सुप्रीम कोर्ट
That also ban dowry system
It is curse on our society must watch video to know
How indian parents now changing mind on dowry system pic.twitter.com/3Jk4hhG9tW @PMOIndia

— Kabeerputra (@Kabeerputra3) October 11, 2017

In the meantime, the Supreme Court also expressed concern over the practice of child marriage, saying social justice laws are not implemented with the spirit they had been enacted in. The Supreme Court asked the Centre and state governments to take proactive steps to prohibit child marriages across the country. It voiced concern over thousands of minor girls being married in mass wedding ceremonies on the occasion of Akshaya Tritiya.