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India Rules Sex With a Child Bride Is Always Rape in a Massive Win for Girls’ Rights

It’s a landmark change to India’s marital rape laws.

OCT. 11, 2017

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India’s top court has ruled that sex with a child is always rape, quashing a clause that allowed men to have sex with underage girls if they were married to them.

The Supreme Court’s landmark decision on Wednesday closed a legal loophole that has historically allowed perpetrators of rape to escape punishment.

While the age of consent in India is 18, there was a clause in India’s rape laws that lowered the age of consent to 15 if the girl was married.

But the court has now ruled that the clause is “discriminatory, capricious, and arbitrary”, and “violates the bodily integrity of the girl child”.

Take action: No Girl Should Be Forced to Marry. Tell Bangladesh to Close the Loophole on Child Marriag

“This is a landmark judgement that corrects a historical wrong against girls,” Vikram Srivastava, the founder of campaign group Independent Thought, told the BBC . “How could marriage be used as a criteria to discriminate against girls?”

Girls under 18 will now be able to report their husbands for rape, as long as they lodge a complaint within a year of it happening.

“The judgement is a step forward in protecting girls from abuse and exploitation, irrespective of their marital status,” Divya Srinivasan, from women’s rights organisation Equality Now , told Global Citizen.

“This positive decision by the Supreme Court will hopefully encourage the Indian government to protect all women by removing the marital rape exemption in all cases,” she said.

Commentators say the ruling will be difficult to enforce in the country, however, due to the high rates of child marriage.

India is ranked 10th in the world for child marriage, with an estimated 47% of girls married by the time they turn 18, according to the campaigning organisation Girls Not Brides .

Girls are often seen as an economic burden, particularly in poor, rural areas, and many parents marry off their children in the hope of improving their financial security.

There is also a shame associated with pre-marital sex that can lead to girls’ parents forcing them to marry their rapists, according to news agency AFP .

Child marriage is a serious barrier for the girls involved, often leading to them dropping out of school to focus on their domestic responsibilities, or suffering health problems from giving birth at a young age.

India’s rape laws have, prior to this ruling, specifically excluded married couples. Men can currently still have non-consensual sex with their wives without it being classed as rape.

While Wednesday’s ruling represents progress, there are still steps to be taken in criminalising marital rape.

A challenge to the laws on marital rape is currently going through the Indian courts, reported AFP , but the government has said it opposes criminalising marital rape as it would damage the institution of marriage.

The government has said that criminalising marital rape could “destabilise” marriages and could be used by wives as “an easy tool for harassing the husbands”.

Global Citizen campaigns to achieve the Global Goals, including Goal No.5 for gender equality. You can join us by taking action here .

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Former Member

Girls under 18 will now be able to report their husbands for rape, as long as they lodge a complaint within a year of it happening.

This is complicated for married girls under 18 and not having sex with their husbands. What's the reason to get married before 18 if this is a problem? At least this will give girl children a chance to go to school and pursue their studies before marriage. I hope the ruling will serve a greater good to protect future children in India.

4/7/189:42 PM

ChiefSenior Member

Some nights I stay over with my mother, old age and not doing so well.

My mother has several Indian channels that she watches on a nightly basis.

I have seen so many little Indian children performing in dance competitions etc, I wonder if this is not.some kiND of abuse as well. There is only so much in children talent but when it's done so regulag and it's package for a TV audience then I thin it's too much for the kids.

4/7/189:51 PM

Former Member

Bollywood is a song and dance industry and everybody wants to be famous. Most famous actors/actresses start acting young and grow into the acting field. Song and dance is not sex, though it may seem provocative to some. What is important is to give them a chance to maintain their innocence and live like normal children without sexual harassment from the people they trust and respect. The ruling will protect girls from directors and producers from going to bed with them. Girls are always at risk when climbing the ladder. I want to see only the good from this ruling.

4/7/1810:09 PM

ChiefSenior Member

Point taken Prince!

4/8/188:43 AM

Former Member

this is not well thought through

every time a legally married girl child gets pregnant or gives birth, the police is now obliged to charge the father with rape

4/8/1812:38 PM

Former Member

ronan posted:
this is not well thought through
every time a legally married girl child gets pregnant or gives birth, the police is now obliged to charge the father with rape

I agree, it's not well thought through, like many things in India. Knee-jerk political point scoring!

There are many unwed teen pregnancies, how does this fit? Now, are you saying sex pre-18 will be a crime only if you are married and not if you are unmarried?

If they feel so, then ban all pre-18 marriage and ban all pre-marrital sex if below 18. It makes marriage the source of criminality!

4/8/1812:45 PM

Former Member

We can all agree that this ruling is complicated as it is, but let's give it the benefit of the doubt that it's a win for girls in India that don't always get the luxury of rights and protection.

4/8/185:16 PM

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India Rules Sex With a Child Bride Is Always Rape in a Massive Win for Girls’ Rights

It’s a landmark change to India’s marital rape laws.

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