Abstract

A child is considered the key to unlocking the door to the growth of any country. If a child is cared for rightly, he can do wonders; however, these young minds are being tortured and abused in the present modern world. They are being indulged in unhealthy practices of pornography. There is the sword of Damocles on a child in the form of child abuse and sexual harassment. Neurological studies show that the early years are the most crucial in a child's life. Hence, optimizing these years of a child's life is the best investment we can make to develop their future. Thus, the hour requires to protect these young minds to preserve the country's future. POCSO Act 2012 showed a ray of hope to achieve the same motive. However, the recent increase shown in these crimes shows the futility of this Act. In the landmark judgment, the Supreme Court ruled that a man who has sex with his minor wife is culpable of rape. The move is presumed to go a long way in discouraging the practice of child marriage in India. It is also likely to bear the criminality of marital rape. This issue has been widely debated both by parliament and the courts. The exception carved out under S. 375 (which defines rape) exempting marital rape for minors is artificial and contrary to Article 21 (right to life) of the Constitution of India. The purposive reading down was done to align with the POCSO Act, 2012, in the spirit of other pro-child law enactment and the human rights of a married girl child.

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