Marital rape with a girl below 18 years

Sexual intercourse with a bride below 18 years if a rape.

Whether sexual intercourse between a man and his wife being a girl between 15 and 18 years of age is rape? 

Exception 2 to Section 375 of the Indian Penal Code, 1860 (the IPC) answers this in the negative, but in our opinion sexual intercourse with a girl below 18 years of age is rape regardless of whether she is married or not. The exception carved out in the IPC creates an unnecessary and artificial distinction between a married girl child and an unmarried girl child and has no rational nexus with any unclear objective sought to be achieved.

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