Team  SoOLEGAL

Supreme Court directs Center to present performance data of Child Marriage Prohibition Act, 2006

Team SoOLEGAL 10 Aug 2017 10:17am

Supreme Court directs Center to present performance data of Child Marriage Prohibition Act, 2006

The Supreme Court on Wednesday directed the Center to present the data on the strength and performance of officers appointed under the Child Marriage Prohibition Act, 2006, in addition the number of prosecutions performed in last three years under the act.

The Bench comprising Justices Madan B. Lokur and Deepak Gupta, also requested the Center to present the current report on the health of girls who are married between the age of 15 to 18.

The petitioner Gaurav Agarwal of NGO, Independent Thoughts Counsel, is challenging the validity of Exception 2 to Section 375 of the Indian Penal Court Act 2013, as the violation of Article 15, 16, and 21 of the Constitution that it allows intrusive sexual intercourse with girls under the age of 15 to 18 in the name of marriage. The Exception 2 says that sexual intercourse by men with his own wife, the wife not being under fifteen years of age is not rape.

The candidate has also highlighted the irregularity between Exception 2 and sixthly of section 375, which has extended the age of consent for sex for a girl under the 18 years of age. Hence, sexual intercourse with a girl under the maturity age of 18, despite the fact of her consent would be considered rape.

The petition also added that sexual assault or intercourse with a girl under 18 years of age is a clear violation of Care and Protection of Children Act, 2000, Protection of Children from Sexual Offenses Act, 2012, and Prohibition of Child Marriage Act, 2006. The next hearing on the case has been scheduled on August 31.      

Tagged: Supreme Court   Child Marriage   Justices Madan B. Lokur  
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