INDEPENDENT THOUGHT Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed with the following prayers:-

(2.) At the outset, learned counsel for the petitioner states that the petitioner would be satisfied if a declaration is granted to the effect that Sec. 19 read with Sec. 21 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') override the restrictions imposed under Sec. 198(1) read with Sec. 198(3) of the Code of Criminal Procedure, 1973 ('Cr.P.C') and if the limitation to file the complaint by a minor victim is extended till she completes two years of attaining majority.

(3.) Learned counsel for the petitioner submits that Sec. 198(6) Cr.P.C is an impediment to the protection of rights of minor girl children who are victims of marital rape as it restricts the right of such minor victims to legal remedy. He submits that while substantive law provides for no categorisation or differentiation of any sort, the procedural law continues to discriminate against a minor girl victim of marital rape. The relevant portion of Sec. 198 of Cr.P.C. relied upon by learned counsel for the petitioner is reproduced hereinbelow:-