India's age of consent for sex is set at 18 years under the
Criminal Law (Amendment) Act, 2013, regardless of gender. In 1892, the
marital rape and subsequent death of a 10-year-old girl,
Phulmoni Dasi, caused the age of consent to be raised from 10 to 12. In 1949, it was raised to 16 after agitation from women's groups about the adverse effect of early pregnancy. On 3 April 2014 the
Criminal Law (Amendment) Act, 2013 came into effect, which raised the legal permissible age for
sexual consent from 16 to 18. Although the
Criminal Law (Amendment) Act, 2013 initially sought to lower the age to 16, it was set at 18 due to political pressure from conservative parties. Section 375 reads: A man is said to commit "rape" if he ... Sixthly – With or without her consent, when she is
under eighteen years of age.
Legal action on marital rape Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes within marriages as an aggravated offense. A Public Interest Litigation filled by Independent Thought, an organization working on child rights law, was heard in the
Supreme Court of India for declaring the exception allowing marital rape within prohibited child marriages as unconstitutional:
Independent Thought vs. Union of India [W.P(civil) 382 of 2013]. In the judgment, delivered on 11 October, the Supreme Court bench consisting of Justices Madan B. Lokur and Deepak Gupta read down Exception 2 to Section 375 of the Indian Penal Code (IPC) to hold that sexual intercourse by a man with his own wife if she is below 15 years of age would amount to rape. According to Section 375 Exception, Sexual Intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape. The
Section 377 of the Indian Penal Code bans "carnal intercourse against the order of nature". It was used to prosecute people for having anal or oral sex, although prosecutions were rare. The law was constitutionally challenged and subsequently read down by the
Delhi High Court in 2009 for violating the human rights of sexual minorities. In 2013, the Supreme Court overturned the Delhi High Court's judgment, recriminalizing homosexuality. However, in 2018, the Supreme Court, on hearing a fresh batch of petitions, declared some parts of the law unconstitutional on the issue, setting the age of consent for consensual homosexual sex at 18, same age for consensual heterosexual sex. ==Indonesia==