According to the Bombay High Court, why does sex with a minor wife amount to rape in India
Analyzing the legal perspective on marital rape involving minor spouses.
- Under Indian law, the age of consent is 18 years, and engaging in sexual activity with a minor is considered statutory rape.
- The Bombay High Court has clarified that even if a minor wife is in a marital relationship, she cannot consent to sexual activity as she is below the legal age of consent.
- Therefore, any sexual intercourse with a minor wife, even within a marital relationship, is considered non-consensual and falls under the definition of rape.
- This legal stance aims to protect the rights and well-being of minor girls who are often forced into early marriages and are vulnerable to exploitation and abuse.
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