Sexual Relations With A Minor Wife Is Rape, Even With Consent: Bombay High Court

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  • Sexual Relations With A Minor Wife Is Rape, Even With Consent: Bombay High Court
  • admin
  • 20 Nov, 2024

In a landmark decision, the Bombay High Court has ruled that sexual relations with a minor, even under the guise of marriage, are unequivocally a violation of the law. This judgment, delivered by the Nagpur bench, upheld a 10-year prison sentence for a man convicted of raping his wife, who was under the age of 18 at the time.
 
Justice G.A. Sanap, leading the bench, underscored a fundamental principle:
 
the age of consent is 18, and no exceptions apply. "Any sexual relations with a girl below 18 years are deemed rape, irrespective of her marital status," he stated, emphasizing that a minor's consent cannot serve as a defense.
 
This case, rooted in a tragic tale from Wardha, Maharashtra, began when the accused coerced his young neighbor, who he had been in a relationship with for 3-4 years, into a physical relationship, leading to her pregnancy.
 
After the pregnancy, he hastily married her, only for the marriage to soon unravel into a nightmar woman, cornere use. The young woman, cornered by broken promises and false hopes, eventually filed a complaint, recounting the years of coercion and violence.
 
The court's judgment not only validated her trauma but also highlighted the emotional and physical toll she endured. Initially, the accused had promised her a future, staging a sham wedding in a rented room, with neighbors serving as the only witnesses. But as reality set in, he became abusive-physically assaulting her and pressuring her to terminate the pregnancy. In a final betrayal, he denied fathering the child, only to be disproven by DNA evidence.
 
Justice Sanap's words carried the weight of the young woman's story, "Even if one entertains the idea of their so-called marriage, the fact remains-her accusations of coercion would classify it as rape." This judgment serves as a stern reminder that no one, regardless of circumstance or personal relationships,is above the law when it comes to protecting the rights and dignity of minors.
 
This ruling not only reinforces the legal boundaries around consent but also recognizes the vulnerability of young girls who are often preyed upon under the pretense of love and commitment. In the end, the court chose to stand by the young woman's courage, ensuring her story would not be silenced by excuses or societal pressure. Her fight for justice marks a critical step in safeguarding minors and highlighting the importance of recognizing true consent.
 
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