'Minor Wife Was Impregnated Consensually’: Punjab & Haryana HC Quashes Rape FIR Against Youth For Sex With Underage Wife
The Punjab and Haryana High Court has quashed a rape FIR against a man who had sexual relations with his minor wife, leading to her pregnancy. The court noted the consensual nature of their relationship, which eventually led to marriage and pregnancy of the woman.
Chandigarh, March 20: The Punjab and Haryana High Court has quashed a rape FIR against a man who had sexual relations with his underage wife, leading to her pregnancy. The court noted that the “minor wife was impregnated consensually.”
Indian Express reported that the case came to light when the girl, who was 17.5 years old at the time of her marriage in September 2022, visited the Government Multi Specialty Hospital (GMSH), Sector 16, Chandigarh, while eight months pregnant. Doctors, suspecting her to be a minor, reported the matter to the police under Section 19 of the Protection of Children from Sexual Offences (Pocso) Act. HC on Minor Girl Impregnated: Punjab and Haryana High Court Quashes Rape Case Against Youth for Consensually Impregnating Minor Wife.
The FIR was registered in February 2023 under Section 376(2)(n) of the IPC and Section 6 of the Pocso Act, 2012. The girl gave birth to a baby boy in February 2023 at the GMSH, but the baby died in March 2023 due to ill health. HC on Rape Case: Karnataka High Court Quashes Rape Case, Directs Accused To Marry Victim Within One Month While Observing They Were in Consensual Relationship.
The accused husband sought to quash the FIR, arguing that there was no ill will between the parties and the girl had no objections to the FIR being quashed. The state opposed the plea, stating that the girl’s pregnancy at the time of the FIR’s registration was sufficient to invoke the Pocso Act and Section 376(2)(n) of the IPC.
After hearing the matter, a bench of Justice Harpreet Singh Brar noted that while the intent behind the statutes criminalising sexual exploitation of women, especially children, is noble, the application of such statutes cannot be divorced from the reality of the situation. The court observed that the criminal proceedings had wreaked havoc on the lives of the petitioner and his wife, who also lost their newborn child in the process of securing justice.
Justice Brar emphasised that the ultimate goal of justice is to serve what is deserved, with accountability and fairness as its key features. He cautioned against viewing justice in a purely mechanical form, devoid of context and nuance. He stressed the importance of recognizing the vulnerability of the disadvantaged in a welfare state and applying justice from a renewed perspective. He highlighted the plight of a young married couple who recently lost a child and are striving to restore normalcy to their lives, stating that their situation can only be truly addressed when compassion drives justice.
The court referred to Section 5 of the Hindu Marriage Act, 1955, which allows a marriage between any two Hindus if the bridegroom has reached the age of 21 and the bride, the age of 18 years at the time of the marriage.
The court noted that a marriage between two individuals who do not meet the age criterion is not void from the outset, but is voidable at the instance of the minor party. In the absence of such a declaration under the Prohibition of Child Marriage Act, 2006, the marriage subsists, and the husband can be the legal guardian of his minor wife, as reaffirmed by a division bench of this court in Mamta v. Rohan Verma 2022(2) R.C.R.(Civil) 349.
The bench concluded that if the criminal proceedings against the petitioner were to continue, it would not only lead to unnecessary incarceration of the petitioner but also leave the victim without financial and emotional support.
(The above story first appeared on LatestLY on Mar 20, 2024 02:23 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).