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Which landmark Supreme Court judgment read down the Exception 2 to Section 375 of the Indian Penal Code, thereby criminalizing the rape of a minor wife below 18 years of age within marriage ?

  • A.Vishaka Vs. State of Rajasthan, 1997
  • B.Independent Thought Vs. Union of India, 2017
  • C.Joseph Shine Vs. Union of India, 2018
  • D.Navtej Singh Johar Vs. Union of India, 2018

Answer: B

The judgment is Independent Thought Vs. Union of India, 2017.

In October 2017 the Supreme Court read down Exception 2 to Section 375 of the IPC, which had exempted intercourse by a man with his wife if she was not under fifteen. The Court held that sexual intercourse with a wife below eighteen is rape, bringing the provision into line with the age of consent and the POCSO Act.

Vishaka laid down guidelines on sexual harassment at the workplace, Joseph Shine struck down the offence of adultery, and Navtej Singh Johar decriminalised consensual same-sex relations.

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