THE DUBIOUS CASE OF AGE OF CONSENT IN INDIA

Abstract

In October 2017, the Supreme Court ruled that sex with a child bride constituted rape, rectifying the loophole in statutory law that had put the age of consent at 18 years but contained the exception in cases of sexual intercourse between a married couple. In such cases, when the wife is above 15 years of age, consent is immaterial and marital rape is not considered an offence in India. This bold move has struck down the exception clause under Section 375 of the Indian Penal Code. Nonetheless, it is important to point out the disparate position under law all this while, and the urgent need for codification of this measure in our Code.

The rape laws in India criminalize “voluntary” carnal intercourse against the order of nature and do not pay any attention to involuntary forms. Many other flaws are present in the current law, despite the various amendments that have been enacted. Judgment in Tukaram v. State of Maharashtra, the apex court, in a clear case of rape, held that the prosecutrix had consented to the act and that her testimony was concocted. The December 2012 case, popularly known as Nirbhaya gang rape case shook the country and led to the immediate formation of a committee asked to recommend changes to the rape laws in India. The National Crime Records Bureau showed an 873 % increase in the number of rapes from 2004 to 2011. Headed by the late Justice J.S. Verma, a committee to review the laws regulating rape, suggested certain changes that were incorporated in the 2013 Criminal Law (Amendment) Act, 2013.