The Bombay High Court’s Nagpur bench has affirmed the Supreme Court’s decision in Independent Thought vs. Union of India, declaring that sexual intercourse with a minor wife—under the age of 18—is considered rape, regardless of whether it is consensual. The court’s stance reflects a strong rejection of the marital rape exception for minors, stating that no consent can legalize sexual activity with a girl below the legal age of marriage.
Justice GA Sanap, while upholding the 10-year sentence handed to a man convicted of sexually assaulting his minor wife, emphasized that “sexual intercourse with a girl below 18 years of age is rape regardless of whether she is married or not.” He further stated, “The defence of consensual sex with the wife is not available when the age of the wife or the girl, who is alleged to be the wife, is below 18 years of age.”
The case traces back to 2019, where the victim, a minor girl, had been coerced by the accused into a sexual relationship under the promise of marriage. Despite initial reluctance, the accused manipulated the victim by using the guise of a romantic relationship. The victim eventually became pregnant, and the accused arranged a sham marriage to cover up his actions. He later denied responsibility for the pregnancy and pressured her to have an abortion.
During the trial, the defence attempted to argue that the sexual acts were consensual, as they occurred within the confines of a “marriage.” However, the Court rejected this defense, pointing out that the victim, at the time of the alleged offences, was under 18 years of age. The prosecution successfully demonstrated that the victim’s consent was not valid under the law due to her age and the nature of the coercion involved.
Justice Sanap remarked, “Even if it is assumed for the sake of argument that there was so-called marriage between them, in view of the allegations made by the victim that it was sexual intercourse against her consent, it would constitute rape.” This powerful judgment affirms the recognition that a child’s consent cannot be deemed valid, even in a marital context, and underscores the legal and moral obligation to protect minors from sexual exploitation.
This decision has once again put a spotlight on the need to reform laws surrounding child marriage and sexual consent, aligning India’s legal framework with international standards for the protection of minors.
