Indian Supreme Court Rules Sex with Minor Bride as Rape

By: Brian Kim
Impunity Watch Reporter, Asia 
NEW DELHI, India – On Wednesday, October 11th, the Indian Supreme court ruled that any sexual relationship between a man and his wife between the age of 15 and 18 is a crime. The country’s highest court changed the rape law and declared that sex with an underage wife is an illegal act. According to the Indian Supreme court, the committed offense must be reported by the wife within a year.
There are over 26 million child brides in India. Photo courtesy of Al Jazeera.

Under the current law, the legal age of consent and marriage is 18. In the rural parts of the country, child marriages are not uncommon. Currently, there are more than 26 million child brides in India according to the United Nation’s children agency. Based on the agency’s report, between 2008 and 2014, more than 47% of the girls were married before their 18th birthday. Furthermore, an estimated 18 percent of the girls were married by the age of 15.  It is reported that most of the girls were from poor families with little education.

Previous Indian governments have defended the law as they believed the country’s poor social and economic conditions have made child marriage an unfortunate reality. Moreover, early marriage has been a part of the Indian culture though the “guana” ceremony.

Many activists around the country praised the recent decision as a “positive step in the right direction.” A member of the All India Democratic Women’s Association recently stated that “we strongly feel that this decision of the Supreme Court will work in impacting child marriages.”

Although activists still believe that the Indian Supreme Court’s decision is difficult to enforce, many agree that it will have long-lasting consequences.

For more information, please see:

The Guardian – Sex with underage wife is rape, Indian supreme court rules – 11 October, 2017

BBC – India Supreme Court rules sex with child bride is rape – 11 October, 2017

Al Jazeera – Indian court rules sex with minor wife is rape – 12 October, 2017

Author: Brian Kim

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