In Brief
Independent Thought, a non-profit, challenged Exception 2 to Section 375 of the IPC, which exempts husbands from rape charges if their wife is above 15 years old. The Supreme Court held that Exception 2 is unconstitutional as applied to girls aged 15-18 years because: (1) a child below 18 cannot consent to sexual intercourse; (2) marital status does not change a child's legal status; (3) the exception is arbitrary and discriminatory, violating Articles 14, 15(3), and 21; and (4) it conflicts with pro-child statutes like POCSO which have overriding effect. The Court read down Exception 2 to require the wife be under 18 years, aligning the IPC with child protection laws.
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