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On Wednesday, the Supreme Court bench, comprising of Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice K. M. Joseph, directed to implead the States in a PIL filed by NGO Independent Thought regrading implementation of the Prevention of Child Marriage Act of 2006.
Appearing on the behalf of the petitioner, Advocate Gaurav Agarwal, drew the bench’s attention to the 2017 decision rendered on another PIL by the same NGO wherein the apex court had read down Exception 2 of Section 375 of the IPC with the effect that sexual intercourse or sexual acts by a man with his own wife, the wife being under 18 years of age, even if over 15, would amount to rape.
Even though the states have appointed the Child Marriage Prohibition Officers, in pursuance of the Act of 2006, the government of India has not stipulated the guidelines. Mr. Agarwal then requested the courts to monitor this despite it being the responsibility of the government. To which Justice Kaul contended that Child marriages could be happening all over the country which will make the monitoring by court difficult.
After gaining affirmative from the respondent, the bench declared that the said Act is a secular law and personal laws cannot lie in the way of its implementation.
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