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Non-consensual sex with minor wife be treated as rape: Delhi LG

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Published : Nov 6, 2022, 5:46 PM IST

The Lieutenant Governor in his communication to the MHA has also recommended that Exception 2 of Section 375 of the IPC be struck down. The exception protects husbands from charges of marital rape. If implemented it amendment will also remove the discrepancy with the POCSO Act.

Non-consensual sex with minor wife be treated as rape: Delhi LG
Non-consensual sex with minor wife be treated as rape: Delhi LG

New Delhi: Delhi Lieutenant Governor Vinai Kumar Saxena has recommended to the Ministry of Home Affairs (MHA) that if a man indulges in sexual intercourse with his minor wife aged between 15 to 18 years then it should be considered rape under relevant sections of the IPC.

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The Lieutenant Governor in his communication to the MHA has also recommended that Exception 2 of Section 375 of the IPC be struck down. The exception protects husbands from charges of marital rape. If implemented it amendment will also remove the discrepancy with the POCSO Act.

Earlier, the Centre had informed the Delhi High Court that it has sought recommendations from all stakeholders over the issue in response to a bunch of PILs challenging the validity of Exception 2 of Section 375 of the IPC arguing that it is in violation of Article 14 and 21 of the Constitution and is also not in harmony with the POCSO Act.

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