HomeIndia NewsRape should be treated as sex without the consent of a wife...

Rape should be treated as sex without the consent of a wife below the age of 18, the Lieutenant Governor of Delhi sent a recommendation

New Delhi: Having sex with a wife between the ages of 15 and 18 years without her consent is considered rape under the Indian Penal Code (IPC). A proposal in this regard has been sent to the Ministry of Home Affairs on behalf of the Lieutenant Governor of Delhi. According to Delhi Police sources, LG of Delhi VK Saxena has sent a proposal to the Ministry of Home Affairs recommending the scrapping of Exception 2 of Section 375 of the IPC. At the same time, it has also been believed that such implementation will help in protecting children from sexual offenses as well as remove the anomaly of the POCSO Act.

The Ministry of Home Affairs had sought the views of the governments in the Delhi High Court on the writ petition challenging the validity of Exception 2 of Section 375 of the IPC. Exception 2 to Section 375 of the IPC has been challenged on the ground that it violates Articles 14 and 21 of the Constitution. Also, it is not in accordance with the provisions of the POCSO Act.

What is exception 2 of section 75 of IPC
Exception 2 provides that if a girl between the ages of 15 and 18 is married, her husband can have unconsensual sex with her and there is no provision to punish her under the IPC. If this recommendation is implemented and the IPC is amended, then non-consensual sex with a wife between the ages of 15 and 18 would amount to rape and would be punishable under the IPC.

It will also remove the discrepancy between the Protection of Children from Sexual Offenses Act (POCSO), which applies to offenses against any person up to the age of 18 years, and the prevailing provisions of the IPC, when the recommendation is implemented. A proposal to this effect was moved by the Delhi Police and the Law Department in response to a letter from the Ministry of Home Affairs.

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