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The Supreme Court, on Tuesday, s3x with minor wife aged between 15 and 18 years, saying that in the r / pe law was arbitrary and violative of the Constitution.
Section 375 of the Indian Penal Code, which defines the offense of r @ pe, has a clause that says intercourse or s3xual act by a man with his wife, not less than 15 years, is not r @ pe.
However, the age of consent is 18 years.
The apex court said that the r @ pe law was contrary to the philosophy of other statutes and violated the physical integrity of a girl child.
A bench comprising Justice Madan B Lokur and Deepak Gupta also expressed concern over the prevalent practice of child marriage and said that social justice laws were not implemented by the spirit with which they were approved by Parliament.
The bench clarified that it did not deal with the issue of marital r @ pe as it was not before its respective parties.
Justice Gupta, who wrote a separate but concurrent verdict, said that the age of marriage was 18 in all laws and exceptions given in the r @ pe law under the IPC "capricious, arbitrary and violates the rights of a girl child".
The apex court said the exception is violative of Article 14, 15 and 21 of the Constitution.
It asked the Center and the states to take action against the child to prohibit child marriage.
This voiced concern over thousands of minor girls being married in mass wedding ceremonies on the occasion of Akshaya Tritiya.
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