Supreme Court · 2017 INSC 1030 · Decided 11 October 2017
Independent Thought v. Union of India & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1030 · [2017] 13 S.C.R. 821
- Case number
- WRIT PETITION (CIVIL) No. 382/2013
- Decided
- 11 October 2017
- Bench
- MADAN B. LOKUR, DEEPAK GUPTA (2-judge bench)
- Outcome
- Directions issued
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC Section 375; Constitution Article 15(3), 21, 14; POCSO Act Section 5(n), 42A; Hindu Marriage Act; Juvenile Justice Act Section 5(n), 42
Headnote
821 INDEPENDENT THOUGHT V. UNION OF INDIA & ANR. (Writ Petition (Civil) No. 382 of20!3) OCTOBER II, 2017 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.) Penal Code, 1860 - Exception 2 to s.375: A B Sexual intercourse between a man and his wife being a girl between 15 and 18 years of age - Rape or and artificial distinction between a married girl child and an unmarried girl child and has no rational nexus with any unclear objective sought lo be achieved - The D artificial distinction is arbitrary, discriminatory and not in the interest of girl child and contrary lo the Arts.15(3), 21
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