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Plagiarism Scan Report: Content Checked For Plagiarism

This document is a plagiarism scan report for a document on marital rape and child marriage laws in India. It finds the content 93% unique. The document discusses how existing Indian laws allow for marital rape of minor wives and child marriages by exempting husbands from rape charges and not punishing those who solemnize child marriages. It analyzes inconsistencies across different personal laws regarding the age of consent and marriage. The document argues that laws need reform to prohibit both marital rape and child marriages.

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Keerthana Madhavan
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27 views2 pages

Plagiarism Scan Report: Content Checked For Plagiarism

This document is a plagiarism scan report for a document on marital rape and child marriage laws in India. It finds the content 93% unique. The document discusses how existing Indian laws allow for marital rape of minor wives and child marriages by exempting husbands from rape charges and not punishing those who solemnize child marriages. It analyzes inconsistencies across different personal laws regarding the age of consent and marriage. The document argues that laws need reform to prohibit both marital rape and child marriages.

Uploaded by

Keerthana Madhavan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Plagiarism Scan Report

Summary
Report Genrated Date 02 Mar, 2018
Plagiarism Status 93% Unique
Total Words 791
Total Characters 4495
Any Ignore Url Used

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Content Checked For Plagiarism:

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Introduction:
The Indian Penal Code is home to many archaic provisions. Few provisions even hold India
back and permit it to take re uge in the dusty annals o ancient law books. In India, Rape is

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the ourth most common crime.
The term rape has been de ined by the World Health Organization as a orm o sexual
assault. Section 375, 376 o the Indian Penal Code de ines rape and the acts that come

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under the de inition o rape. Section 376 speaks about the punishment or rape.
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Minor rape in particular has not been accepted by law even i the minor gives consent to
the act. The term ‘child’ has been de ined as any person below the age o 18 years under
the Protection o Children rom Sexual O fences Act, 2012. Sixth Clause o Section 375(d)
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clearly states that it is considered rape when a man has sexual intercourse with a woman
under eighteen years o age with or without her consent. Despite the law condemning
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minor rape, the number o minor rape cases only seems to have risen over the years. This
makes us question the e fectiveness o the laws.
The increase in the cases was because o the severe discrepancy that in the Indian laws.
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While the sixth clause o Section 375 (d) prohibits minor rape, exception 2 explicitly allows
a man to have sexual intercourse with his wi e i she is not under i teen years o age.
The law while prohibiting the rape o unmarried minor girl has allowed the rape o a
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married minor girl. It is also an indication o the con licts within the law. The question that
arises here is the reasoning behind such a blanket protection. Does marriage give the
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husband a right to rape his minor wi e? This is where the concept o marital rape comes in.
Marital Rape literally means a man raping his wi e or having sexual intercourse with her
against her wish. It is rooted in the Indian customs and traditions that i a man has sexual
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intercourse with his wi e even against her will, it does not amount to rape. So, this concept
has been widely ignored by the Indian laws and Judiciary. Both the legislation and judiciary
are not ready to acknowledge such a crime and take a stand against it.
The reluctance to criminalise the o fence o marital rape o a minor girl has also been
indirectly allowing child marriages despite the statute clearly prohibiting it. This also clearly
proves that the law was old ashioned and requires an amendment.
Thus, the Court has tried to solve this con lict in the Independent Thought v. Union o India
where the validity o exception 2 under Section 375 was challenged.
Background o the existing legal Framework:
The term ‘child’ has been de ined as any person below the age o 18 years under the
Protection o Children rom Sexual O fences Act, 2012. Section 3 o the Indian Majorities
Act o 1875 also clearly states the age o majority as 18 or girls and 21 or boys. The
various other laws that de ine a child as a person below the age o 18 includes The
Guardians and Wards Act, 1890, The Indian Contract Act, 1872, The Protection o Women
rom Domestic Violence Act , 2005 and the Juvenile Justice (Care and Protection o
Children) Act , 2015. Section 2(14)(xii) o the Juvenile Justice act also clearly states that
any child who is in the danger o getting married be ore attaining the age o majority
needs special protection.
But the existing personal and secular laws on child marriage are quite inconsistent with
each other. The Hindu Marriage Act o 1955 while speci ying that the parties should have
attained the age o majority to be able to marry has ailed to punish the people who
solemnised the marriage (For example, parents). It has only provisions punishing those who
were parties to the marriage . Consent has also been overlooked. The marriage can be
annulled by the girl only i it happened be ore she turned 15 and she has challenged its
validity be ore she turned 18. The Muslim law does not debar any child marriages which
happens a ter the attainment o puberty which is 15 years and gives the guardian the right

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to get the child married but marriages happening be ore the child turns 7 is void ab initio.
The couple has the option to repudiate the marriage i it has not been consummated and

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must do so be ore they turn 18. The Indian Christian Marriage Act has no provisions which
prohibits any orm o child marriage. It only mentions conditions certain procedures in case
o minor marriage. There are certain other personal laws but they are also not in line with

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the secular laws.

Report generated by smallseotools.com

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