AIR 2017 SUPREME COURT 4904 ::AIR 2018 SC (Criminal) 229 ::(2017) 4 CurCriR 54 ::(2017) 12 Scale 621 ::2017 (4) KLT SN 42 (SC) ::(2017) 4 Ker LJ 11

Supreme Court Of India

Hon'ble Judge(s): Madan B. Lokur, Deepak Gupta , JJ

(A) Penal Code (45 of 1860) , S.375 Excp.2— Constitution of India , Art.14, Art.15, Art.21— Constitutional validity - Sexual intercourse with girl below 18 years of age - Is rape irrespective of whether she is married or not - Exception 2 to S. 375 creating distinction between married girl child and unmarried girl child - Violative of Arts. 14, 15 and 21 - It be read as 'Sexual intercourse or sexual acts by man with his own wife, wife not being 18 years, is not rape'. Protection of Children from Sexual Offences Act (32 of 2012) , S.6, S.42A— Interpretation of Statutes - Harmonious and purposive construction. Sexual intercourse with girl below 18 years of age is rape regardless of whether she is married or not. Exception creates unnecessary and artificial distinction between married girl child and unmarried girl child and has no rational nexus with any unclear objective sought to be achieved. Artificial distinction is arbitrary @page-SC4905 and discriminatory and is definitely not in best interest of girl child. Artificial distinction is contrary to philosophy and ethos of Article 15(3) of Constitution as well as contrary to Art. 21 of Constitution and our commitments in international conventions. It is also contrary to philosophy behind some statutes, bodily integrity of girl child and her reproductive choice. Wha....