INDEPENDENT THOUGHT vs UNION OF INDIA

The Supreme Court ruled that sexual intercourse with a girl below 18 years of age constitutes rape, regardless of her marital status, thereby declaring Exception 2 to Section 375 IPC as arbitrary and discriminatory. The Court emphasized that this distinction violates Articles 15(3) and 21 of the Constitution, undermining the bodily integrity and reproductive rights of the girl child. The judgment highlights the need to protect minors from non-consensual sexual acts, reinforcing that all girls under 18 are entitled to legal protection against such acts, irrespective of marriage.