Independent Thought V. Union of India (2007) 10 SCC 800
Independent Thought V. Union of India (2007) 10 SCC 800
The case of "Independent Thought vs. Union of India," a landmark Supreme Court of India case from 2017, addressed the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code (IPC), which exempted sexual intercourse by a man with his wife aged 15-18 from being considered rape.
This exception conflicted with the Protection of Children from Sexual Offences Act (POCSO Act), which defined all non-consensual sexual activity with a minor as rape, regardless of marital status. Independent Thought, a non-governmental organization, challenged the constitutionality of the marital rape exception in Exception 2, arguing that it violated the fundamental rights of married girl children under Articles 14, 15, and 21 of the Constitution, including the right to life, equality, and bodily integrity, and highlighted the detrimental impact of child marriage and forced sexual intercourse on girls' physical and mental well-being.
The Union of India defended the exception, citing the prevalence of child marriage and the need to preserve the "sanctity of marriage." The Supreme Court, recognizing the inconsistency between the IPC and POCSO Act, declared the marital rape exception in Exception 2 unconstitutional and violative of the Constitution.
While not directly addressing marital rape in general, the court effectively raised the age of consent for sexual intercourse within marriage to 18 years, aligning it with the POCSO Act and protecting the rights of child brides. This judgment marked a significant step towards recognizing marital rape as a form of violence and upholding the dignity and autonomy of married women and girls.
