Case Summary: Independent Thought v. Union of India (2017)
Case Title: Independent Thought v. Union of India and Anr.
Date of Decision: 11 October 2017
Citation: (2017) 10 SCC 800, AIR 2017 SC 4904
Bench: Justice Madan B. Lokur and Justice Deepak Gupta
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=2361633
Law Points Raised:
- Validity of **Exception 2 to Section 375 IPC**, which allowed marital intercourse with girls aged 15-18.
- Conflict with **Article 14 (Right to Equality)**, **Article 15(3) (Special Provisions for Children)**, and **Article 21 (Right to Life and Bodily Integrity)**.
- Inconsistency with **POCSO Act**, **Prohibition of Child Marriage Act**, and other child welfare laws.
- The petition challenged legal sanction to child marital rape.
Ratio Decidendi:
- The **exception under Section 375 IPC** creates **arbitrary, discriminatory classification** between married and unmarried girls aged 15–18.
- It **violates the bodily integrity** of a minor girl and contradicts **international obligations** and Indian child protection statutes.
- Marital rape of a minor cannot be constitutionally protected.
Key Para: “Sexual intercourse with a girl below 18 years is rape, whether married or not.”
Final Ruling:
- Exception 2 to Section 375 IPC** is **struck down** to the extent it permits a man to have sexual intercourse with his wife who is **between 15 and 18 years of age**.
- Sexual activity with a girl under 18, even if married, is rape** under the IPC.
- The judgment **preserves the validity of other laws** but aligns criminal law with child protection norms.
Important Paragraphs for Reference:
- Para 1 – Statement of issue
- Para 4-5 – Petitioner’s arguments and rationale against the exception
- Para 6 – Law Commission recommendations
- Final Paragraphs – Declaration of unconstitutionality and effect of ruling
Note: The court clarified it was **not addressing marital rape for women 18 and above** in this judgment.