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The Court remarked that child marriage is a social evil that is required to be eradicated from this country. Eradication of child marriage is not merely a statutory goal; it is a constitutional imperative.
“From the foregoing observations as held by Supreme Court in Independent Thought case, it is very much apparent that exception 2 of Section 375 IPC has been struck down on the ground that said provision is inconsistent with the provisions of POCSO Act and is also violative of Article 14, 15 and 21. But it has also been held that the said judgment will have a prospective effect.”
“As soon as both the parties attain the marriageable age, they shall apply their marriage under Special Marriage Act and get their marriage. In the meantime, the accused shall look after the victim properly and provide her all necessary medical facilities for her pregnancy.”
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Gujarat High Court: A.S. Supehia, J., quashed a rape case against a boy which was filed by his minor wife. The FIR
Supreme Court: In order to harmonise Exception 2 to Section 375 IPC of the with the Protection of Children from Sexual Offences