Section 375 in the IPC does not find a man guilty for having sexual intercourse with his 15-year-old ‘wife’

New Delhi: A chink in the colonial-era Indian Penal Code (IPC) allowing husbands to have sexual intercourse with his child wife has led to the Supreme Court taking up the issue with the Central government.

An exception to Section 375 in the IPC does not find a man guilty for having sexual intercourse with his 15-year-old ‘wife’. This exception ensures that he will not be charged for rape even though child marriage is a crime.

Nobel prize winner Kailash Satyarthi, through his organisation Bachpan Bachao Andolan, appealed to the Supreme Court on Thursday for help to end this “statutorily-backed” crime against children.

POCSO defines ‘children’ as those aged below 18. It has specific provisions declaring that ‘penetrative sexual assault’ and ‘aggressive penetrative sexual assault’ against children below 18 is rape.

Mr. Satyarthi wants the apex court to clear the conflict between the IPC – which terms children as those aged under 15 years – and POCSO – which terms children as those aged under 18.

The apex court has directed the government to address the issue within four months. If not satisfied with the government’s response, the Bench asked Mr. Satyarthi to approach the Supreme Court on the same grounds for immediate resolution.