The Bombay High Court ruled that sexual intercourse with a minor wife, even if she is above 15 years of age, is considered as rape under the Protection of Children from Sexual Offences (POCSO) Act.
The court clarified that an exception to marital rape cannot be invoked when the wife is a minor, as it goes against the spirit of the POCSO Act which aims to protect children from sexual abuse.
The landmark ruling emphasized on the importance of safeguarding the rights and well-being of minor girls, regardless of their marital status.
This judgment is significant as it reinforces the legal protection provided to minors against sexual exploitation and abuse, even within the institution of marriage.
