Sex with wife under 18 will be considered rape: Supreme Court

Agencies
October 11, 2017

New Delhi, Oct 11: In a sensational verdict, the Supreme Court (SC) on Wednesday ruled that sex with a wife who is under 18 years of age is rape and therefore a crime.

The top court did not rule on 'marital rape', which is sexual intercourse forced upon a spouse no matter what their age.

Before today's SC ruling, there was an exception in Section 375 rape law provisions that protected a man who had sexual relations with his wife even if she was under 18, which is the age of consent.

"Exception 2 in Section 375 of IPC (Indian Penal Code) granting protection to husband is violative of constitution and fundamental rights of minor bride', says Supreme Court.

The top court's verdict upholds the rights of 2.3 crore child brides in the country.

The SC rejected the plea of the Centre which justified the provision on the grounds that child marriage is a reality in the country and such marriage has to be protected.

A bench headed by Justice Madan B Lokur had on September 6 asked the Centre how Parliament could create an exception in a law when the age of consent is 18.

Also in September, the apex court had said it did not want to go into the aspect of marital rape, but when the age of consent was 18 years for "all purposes", why was such an exception made in the IPC.

Responding to the query, the Centre's counsel had said if this exception under the IPC goes, then it would open up the arena of marital rape+ which does not exist in India.

"Economic and educational development in the country is still uneven and child marriages are still taking place. It has been therefore decided to retain the age of 15 years under Exception 2 so as to give protection to husband and wife against criminalising the sexual activity between them. It is also estimated that there are 23 million child brides in the country. Hence, criminalising the consummation of a marriage with such a serious offence such as rape would not be appropriate and practical," the Centre had said.

As per the National Family Health Survey, 46 per cent of women between the ages of 18-29 years were married before the age of 18.
 

Comments

U NEED TO GO THRU STATISTICS... Many girls IN ANOTHER COMMUNITY are threatened and raped before they get to the marriage age from their own family members as well as the saints , most of them are in jails... 

PK
 - 
Thursday, 12 Oct 2017

Some community girls are used and misused by the men and the girl tolerates b4 the marriage. The drunken men alwz escape with cheddi culture by threatening the young girls and their parents.... Go thru the statistics... It is better to get married and take responsibility of the family if the girl is ready to marry.

 

Shareef
 - 
Thursday, 12 Oct 2017

Dear Prathima,

You said some communities like under age girls for..,  

see my sister, what difference does it make age below 18 to 15. Do they have more power than girls above 18. 

does girl become very old if she is above 18.  Above 18means usually it can go upto 28.

95% marriage of girls take place between 16-30

May God protect our girls and boys also.

 

Sharifaka
 - 
Wednesday, 11 Oct 2017

Only the girl can say if she has been raped or not

what about other religion girls starts having sex immediate after puberty? even some try when they enter  highschool.

MSMS
 - 
Wednesday, 11 Oct 2017

Listen carefully,  the above text says :

    "  Sex with a wife who is under 18yrs of  age is rape and therefore a crime. "

 

It interpretes as child marriage is invalid.

If the marriage is invalid how do they become wife and husband.

So this rule may does not applicable such wife.

 

Naresh
 - 
Wednesday, 11 Oct 2017

This law is not thought through. Judges need the input of psychologists to understand the behaviour of adolescents. There are teenagers today having relationships before 18. Are they going to throw them in jail?

Ibrahm
 - 
Wednesday, 11 Oct 2017

Ridiculous judgement. Marriage is society's way of allowing for the purpose of having children, since the married couple will then have to make the necessary sacrifices to bring up the children. If under 18 is statutory rape then why allow the marriage in the first place? The SC is coming up in many cases with foolish decisions that are against accepted norms and practices. The SC will risk making itself into an impotent body if it does not have a clue on how this is viewed by the people at large.

Unknown
 - 
Wednesday, 11 Oct 2017

Underage marriage is still practiced by muslims 

Stranger
 - 
Wednesday, 11 Oct 2017

Many pedophile worshipers belonging to a piece full community disguising as hindu are venting their anger against this judgement for reasons very well known to all. next we should ban all books / texts /manuals/biographies which eulogizes pedophiles/ pedophilia.

Prathima
 - 
Wednesday, 11 Oct 2017

Some community men like young underage girls for . We welcome the order.

Sreenath
 - 
Wednesday, 11 Oct 2017

Is its applicable only to Hindus or is it also applicable to Muslims? ..I see lot of them getting married at 15year 2 children by 18yrs..

Manish Raj
 - 
Wednesday, 11 Oct 2017

What if the wife does not tell the husband the correct age and inter course is consensual? Later on there is marital discord, can then it be considered as rape?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
July 16,2020

Bengaluru, Jul 16: People volunteering as civil police wardens with the city police department will not receive any remuneration, an official said on Wednesday.

“We wish to clarify the rumours floating on social media and confirm that the volunteers helping local police as civil police wardens in enforcement of anti-Covid measures will not be paid any remuneration,” said an official.

On Tuesday, Bengaluru city police commissioner Bhaskar Rao had urged interested people to volunteer for the department, indicating how strained the department has been amid Covid.

“Inviting physically fit and service minded residents of Bengaluru, both men and women, between the age of 18-45 to volunteer as civil police wardens,” said Rao.

The department is offering a choice of the police division, jurisdiction and the shifts one wants to choose to be a civil police warden.

Additional Commissioner of Police Hemant Nimbalkar said volunteers are a welcome support to the police in their field duty but should not be left alone.

“Volunteers are a support to the police in the field and shall not work standalone. They shall be attached with duty police as assistance. A jacket and a cap should be provided to them,” said Nimbalkar.

He reminded that the safety of the volunteers is the responsibility of the policemen.

Many city policemen have been infected with the virus and quarantined while more than six have succumbed.

“It is a tough time for all policemen irrespective of the rank. Four hundred and fifty active cases across the state and the loss of six lives speak volumes about their involvement in the war against Covid,” said Director General of Police Praveen Sood recently.

He expressed hope that the difficult times will pass, saying all the members of the police department are a family.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 1,2020

Bengaluru, Jul 1: Karnataka government has announced a complete lockdown on Sundays till August 2. "There shall be complete lockdown on Sundays from July 5 and followed by next four Sundays till August 2," stated the government. 

"However, essential activities allowed during night curfew will be permitted during Sunday lockdown too. Marriages already fixed on Sundays will be permitted as per norms," also said.

The government further ordered, "All government offices, Boards and Corporations, except those operating and maintaining essential services, shall remain closed on all Saturdays till the second week of August."

Employers should ensure that the Aarogya Setu app is downloaded and used by the employees. The app enables the identification of potential risk of infection,

Regarding Sunday Lockdown, it said, there shall be complete lockdown on Sundays with effect from 5th July, 2020, and followed by next 4 Sundays till 2nd August, 2020.

However, the essential activities as above permitted during Night Curfew shall be permitted during the Sunday lockdown also.

Lockdown in Containment Zones in Karnataka

Lockdown will continue to remain in force in the Containment zones. In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for facilitating supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required.

All vulnerable persons, individuals above 65, persons with comorbidities, pregnant women and children below the age of 10 years are advised to stay at home, except for health and essential purposes.

Karnataka saw 947 new coronavirus cases, including 503 cases from Bengaluru Urban, taking the total number of cases to 15,242. Death toll has jumped to 246 after 20 deaths were reported on Tuesday, according to the data released by Union Health Ministry. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 19,2020

Mangaluru, May 19: With lockdown 4.0 coming into force, the Karnataka State Road Transport Corporation (KSRTC) started bus services from Mangaluru to various destinations today.

According to officials, buses started plying from Mangaluru to Bengaluru, Mysuru, Shivamogga, Hubballi and other areas with limited passengers. A bus, which left for Bengaluru from Mangaluru had less than 30 passengers on board.

“Depending on the demand, the buses will be operated with 50% of the capacity. Measures have been taken to ensure that social distancing norms are adhered to while purchasing tickets from the counter,” said S N Arun, KSRTC Divisional Controller.

However, the KSRTC is yet to take a decision on operating Nagarasarige buses in the city. 

“Only those destinations, which can be reached by 7 pm has been considered by the KSRTC while operating the buses. As a result, after 11 am, no buses will travel to Bengaluru from Mangaluru. Further, permission will not be accorded for the travelling of pregnant women, children below 10 years old and senior citizens above 60 years old. Thermal scanning is used for checking the temperature of the passengers before boarding the buses. All the buses are sanitised after each trip,” he said.

Further, he said the contact number, name and address of the passengers are collected by the officials during the travel.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.