What is the legal stand on sex with a minor wife as per the recent Bombay High Court ruling
Analyzing the implications of the Bombay High Court's decision declaring sex with a minor wife as rape.
1. The recent ruling by the Bombay High Court declared that sex with a minor wife is considered rape under the Protection of Children from Sexual Offences (POCSO) Act.
- This decision reinforces the protection of minors against all forms of sexual abuse, including within marriage.
- It aims to prevent child marriages and recognizes that consent cannot be validly given by a minor due to their vulnerability and lack of capacity to make informed decisions.
- The ruling ensures that minors are legally protected from all forms of exploitation and abuse, including by their spouses.
- It sets a precedent for other courts to uphold the rights and well-being of minor girls who are often forced into early marriages.
- Overall, the decision promotes the safety and rights of minors in the context of marriage and sexual relationships.
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5 months ago