Consensual Sex with Minor Wife is Rape: Bombay High Court Upholds 10-Year Sentence
The Bombay High Court declared consensual sex with a minor wife as rape, upholding a 10-year sentence for a man convicted of assaulting his underage wife in Maharashtra.
- Court Ruling:Bombay High Court says consensual sex with a minor wife is rape.
- Victim’s Age:Survivor was under 18, making the act statutory rape.
- Fake Marriage:Accused staged a sham marriage to exploit the minor.
- DNA Proof:DNA confirmed the accused as the child’s father.
- Abuse and Coercion:Accused manipulated and abused the survivor.
- Legal Precedent:Consent defense invalid for minors, court ruled.
- 10-Year Sentence:Accused sentenced to 10 years of rigorous imprisonment.
- Protection of Minors:Judgment reinforces laws protecting minors from abuse.
Nagpur, Maharashtra – In a landmark judgment, the Nagpur Bench of the Bombay High Court ruled that consensual sex with a minor wife constitutes rape under Indian law. Upholding a 10-year sentence for a man accused of assaulting his underage wife, the court emphasized that the defence of consensual sexual relations in such cases is legally invalid.
High Court's Observations
Justice GA Sanap underscored that sexual intercourse with a girl below 18 years, irrespective of marital status, is considered rape under the law. “The defence of consensual sex with the wife is not available when the age of the wife, or the girl alleged to be the wife, is below 18 years,” the bench ruled.
The court dismissed the accused's claims of consensual relations, citing that the victim was under 18 at the time of the assault, making the act a statutory offence.
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Case Details
The survivor, a resident of Wardha, Maharashtra, accused her neighbour-turned-husband of coercing her into a sexual relationship, which resulted in her pregnancy. The two had been in a romantic relationship for several years, but the survivor consistently rejected his physical advances.
The accused allegedly manipulated the survivor with false promises of marriage, staging a sham wedding ceremony in the presence of neighbours. However, after the birth of their child, the accused became abusive, denying paternity and pressuring her to terminate the pregnancy.
Unable to endure the abuse, the survivor filed a complaint in May 2019, leading to the accused's arrest and subsequent conviction.
Court Ruling
The High Court upheld the lower court’s verdict of 10 years of rigorous imprisonment, validating the survivor's allegations and noting that the DNA report confirmed the accused as the father of the child.
“Even if there was a so-called marriage, the survivor’s allegations of non-consensual sexual intercourse qualify as rape,” Justice Sanap stated.
Legal Significance
This judgment reinforces India’s stringent laws protecting minors, irrespective of marital status, and underscores that forced or coerced sexual relations with minors constitute rape. Legal experts have lauded the ruling as a significant step in safeguarding vulnerable individuals.
The accused’s conviction sends a strong message about the zero-tolerance policy toward child abuse and sexual exploitation in India.
