The exception of section 375 (2) of the Indian Penal Code recently was defined by the Supreme Court and it was said that the establishment of physical relations with the girl of 18 years comes in the category of rape, whether a girl is married or unmarried.
It is thus clear that the Supreme Court has declared rape to make physical relation with a minor wife. Now in such cases, the procedure for misbehaving with the wife of the age of 18, given in Section 198 (6) of CRPC, will be followed. . But in such cases, the wife will have to complain within one year after the incident. No one will be prosecuted by the court after one year of the incident.
Arguments given by the Supreme Court in favor of its decision:
The Supreme Court said that the exception of Article 375 of the Indian Penal Code (2) discriminates between married and unmarried girls, hence it is unfair.
The difference in the exception of Section 375 of the Indian Penal Code (2) has been made so that it is against Article 15 (3) and Article 21 of Indian Constitution. Above all, it is also against the rights of the little girls on the body.
An exception to Article 375 of the Indian Penal Code (2) violates Article 14, 15 and 21 of the Constitution, therefore it can be repealed.
Instructions given by the Supreme Court to the Central Government in view of the above decision:
Despite the Supreme Court's legal sanctions, expressed concern over the large number of child marriages and directed the State Governments to take active steps to prevent child marriage.
The Supreme Court told the Central Government that the commitment to social justice has been expressed in the preamble of consensus, but the laws related to social justice are not being enforced by the spirit which was enacted by the Parliament in the sense that it was enacted.
The court put forward the statistics of many reports which mention the status of child marriage and said that child marriage has a serious effect on the mind and body of the child.
Above all, the court directed the government to study the reports related to child marriage and to implement child marriage preventive enactment effectively.
Conclusion:
It can be concluded that it is surely a commendable initiative to declare physical relation with a minor wife. This will help in controlling the injustice done to minor girls.
