PIL is filed in Supreme Court challenging that constitutional validity of an exception in a rape law that says sexual intercourse with a wife not less than 15 years of age is not rape under section 376 IPC.

The public interest litigation (PIL) challenged the exception in Section 375 of the Indian Penal Code which says: "Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape."

The Supreme Court impleaded the National Commission for Women (NCW) as a party.

While impleading the NCW as a party to the petition, the apex court social justice bench told "You may be right that IPC will not override the statute." Moved by the NGO's founding member Vikram Srivastava, the PIL contended that the exception was in conflict with the provisions of the Protection of Children from Sexual Offences (POCSO) Act. Counsel for the PIL petitioner said the exception was also contrary to the Prohibition of Child Marriage Act.

The PIL contended that the exception was voilative of Article 14 (equality before law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 21 (Protection of life and personal liberty) of the Constitution to the extent that it permits intrusive sexual intercourse with a girl aged between 15 and 18 years on the ground that she has been married.

The petitioner NGO pointed to discrepancies in the law, referring to the provision of the Criminal Procedure Code (CrPC), which says: "No court shall take cognizance of an offence under Section 376 of the Indian Penal Code, where such offences consist of sexual intercourse by a man with his own wife, the wife being under 18 years of age, if more than one year has elapsed from the date of the commencement of the offence." 

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