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‘Sex with wife above the age of 15 is not rape’: Allahabad High Court grants bail to accused Ali in line with Muslim law

The case was filed at the Bhojpur police station in Moradabad by the minor girl against her adult husband Khushaba Ali on charges of dowry, assault, criminal intimidation, and forced sex.

On Thursday (August 6), the Allahabad High Court in a verdict stated that sex with a minor ‘wife’ above the age of 15 will not be considered as ‘rape.’

The case was filed at the Bhojpur police station in Moradabad by the minor girl against her adult husband Khushabe Ali on charges of dowry, assault, criminal intimidation, and forced sex. The accused had then moved the High Court seeking bail in the case. While hearing the bail application of the husband accused of having sex with his minor wife, the Court ruled that it could not be held as ‘rape’. The verdict was given by Justice Md. Aslam of the Allahabad High Court.

He noted that Section 375 (punishment for rape) of the Indian Penal Code (IPC) was ratified in 2013. As such, an exception was added to the clause of rape. It read, “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.” The Counsel for the petitioner claimed that the victim had denied the allegations, before the Magistrate, of sexual exploitation by Ali and his brothers. Justice Mo Aslam then granted bail to the accused.

‘If you want to marry, we can help you: ex-CJI SA Bobde to rape accused

In March this year, ex-Chief Justice of India SA Bobde granted protection to a 23-year-old Maharashtra government employee from arrest. He had allegedly raped a then 16-year-old schoolgirl in 2014-15 and was faced with charges under the POCSO (Protection of Children from Sexual Offences) Act, 2012. The former CJI had questioned the accused whether he would be interested in marrying the survivor. The accused, Mohit Subhash Chavan, was a technician with the Maharashtra State Electric Production Company

Will you marry her?”, CJI SA Bobde asked the petitioner’s lawyer when the matter was taken up for hearing, further suggesting: “You should have thought before seducing and raping the young girl. You knew you are a government servant.” In response, the accused said, “Initially, I wanted to marry her. But she refused. Now I cannot as I am already married.” To this, Bobde further said: “If you want to marry, we can help you. If not, you lose your job and go to jail.”

It is notable here that Indian law prohibits child marriage and marriage before the age of 18 years is not considered legal. Sexual relations with a minor is a punishable offence. However, Muslim personal law allows marriage and sexual relations if the girl has attained puberty. These blatant contradictions of legal provisions are somehow yet to be changed.

 

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OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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