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Sex with minor wife not rape : SC prosecutes NCW on rape law exception

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source: kolkata24x7.com
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By NewsGram Staff Writer

New Delhi:  The Supreme Court prosecuted the National Commission for Women (NCW) on Friday in the hearing of a petition challenging the constitutional validity of a rape law exception that says sexual intercourse with a wife not less than 15 years of age is not rape.

The public interest litigation (PIL) challenged the exception in Section 375 of the Indian Penal Code which says: “Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.”

Section 375 spells out six circumstances under which a man can be accused of committing a rape that includes sex without the consent of the woman or by putting her under some kind of pressure or fear.

However, it carves out an exception in case of a minor wife not less than 15 years.

While impleading the NCW as a party to the petition, the apex court social justice bench of Justice Madan B Lokur and Justice Uday Umesh Lalit told petitioner NGO Independent Thought: “You may be right that the IPC will not override the statute.”

Moved by the NGO’s founding member Vikram Srivastava, the PIL contended that the exception was in conflict with the provisions of the Protection of Children from Sexual Offences (POCSO) Act.

Counsel for the PIL petitioner said the exception was also contrary to the Prohibition of Child Marriage Act.

five-year-girl

The PIL contended that the exception was a violation of Article 14 (equality before law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 21 (Protection of life and personal liberty) of the Constitution to the extent that it permits intrusive sexual intercourse with a girl aged between 15 and 18 years on the ground that she has been married.

The petitioner NGO pointed to discrepancies in the law, referring to the provision of the Criminal Procedure Code (CrPC), which says: “No court shall take cognizance of an offence under Section 376 of the Indian Penal Code, where such offences consist of sexual intercourse by a man with his own wife, the wife being under 18 years of age, if more than one year has elapsed from the date of the commencement of the offence.”

This made Justice Lalit wonder about the “cognizance” for what you can’t punish.

“You can’t take cognizance of something that can’t be punished,” he said.

Admitting to the dichotomy in the statutory provisions and the exception, Additional Solicitor General Tushar Mehta told the bench that there were 23 million child brides in India, and the parliament had this ground reality in view while making the exception.

(With inputs from IANS)

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NCW Rejects Finding That “India Is world’s most dangerous country for women”

The Commission rejects the survey in question

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NCW Rejects Finding That
NCW Rejects Finding That "India Is world’s most dangerous country for women". Pixabay

The NCW today rejected the finding of a survey that India is the world’s most dangerous country for women, and said the countries that have been ranked after India have women who are not even allowed to speak in public.

The Thomson Reuters Foundation, after a survey of about 550 experts on women’s issues, has ranked India as the world’s most dangerous country for women, followed by war-torn Afghanistan and Syria, due to the high risk of sexual violence.

National Commission for Women Chairperson Rekha Sharma rejected the survey report, claiming that the sample size was small and could not be representative of the whole country.

“The Commission rejects the survey in question. For a nation as big as India, with a population of approximately 1.3 billion, the sample size of the survey is not representative of the country as a whole,” she said.

“Women are very aware in India of issues and there is no way that we could be ranked number one in such a survey. The countries that have been ranked after India have women who are not even allowed to speak in public,” Sharma said, without naming a specific country.

The poll was conducted online, by phone and in person between March 26 and May 4 with an even spread across Europe, Africa, the Americas, South East Asia, South Asia and the Pacific.

The poll was a repeat of a survey in 2011 in which Afghanistan, Democratic Republic of Congo, Pakistan, India, and Somalia were named as the most dangerous countries for women.

women sitting on bench
women sitting on bench. Pixabay

The survey asked respondents which five of the 193 UN member states they thought were most dangerous for women and which country was worst in terms of healthcare, economic resources, cultural or traditional practices, sexual violence and harassment, non-sexual violence and human trafficking.

Respondents also ranked India the most dangerous country for women in terms of human trafficking, including sex slavery and domestic servitude, and for customary practices such as forced marriage, stoning and female infanticide, the foundation said in a statement.

Also read: Women safety: Execution of laws more important than formation

There was no official response by the Ministry of Women and Child Development. (IANS)