'Consensual sex with girl below 18 equivalent to rape, even if your wife': Himanta Biswa Sarma

Assam Chief Minister Himanta Biswa Sarma, in a press meeting today, unveiled stringent measures targeting child marriage under the newly implemented Bharatiya Nyaya Sanhita, 2023. Sarma announced, "There is a special clause under the Nyaya Sanhita which is related to Assam, which is very important for us. Under Bharatiya Nyaya Sanhita, sexual intercourse with girls below 18 is a criminal offense. The law further says that even consensual sex with a girl below 18 is equivalent to rape".

This declaration comes as part of Assam's ongoing efforts to curb child marriage, which has been a significant issue in the state. The Chief Minister emphasized the legal clarity provided by the new laws, which override previous ambiguities in judicial interpretations regarding minor marriages.

He further detailed the new provisions under the Bharatiya Nyaya Sanhita that bolster these efforts. "There is a new provision that has come under the new criminal laws, that if someone does child marriage, then no one can have sexual intercourse with a girl below 18 years old with consent. The minimum age for sexual intercourse with consent for married women has been raised from 15 years to 18 years. Even if she is your wife, a man cannot have sexual intercourse until she is 18 years of age," Sarma elaborated.

"Considering the Islamic law interpretation, some high courts have given certain differentiated judgments on minor marriages. That's why in Assam we had to bring the POSCO Act so that we can overcome the interpretation of the Islamic law. And that's how we have worked against child marriage," Sarma explained.

These measures are part of a broader initiative to modernize and democratize India's criminal laws, ensuring they better serve the protection and rights of minors. With these new laws in place, Assam aims to set a precedent against child marriage, said the Chief Minister.