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?

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coastaldigest.com news network
August 7,2020

Udupi, Aug 6: Three people including police personnel entered a well and rescued an elderly woman who had accidentally fallen into Udupi on Thursday.

A police sub-inspector and two others got down into a well and rescued the elderly woman, who accidentally fell into well at near her home at Kukkikatte.

The locals immediately alerted to police and fire and rescue personal.

Udupi town police sub-inspector Sadashiva Govroji, fire and rescue staff Vinayaka and a local Auto-driver Rajesh Nayak got into the well and brought the woman out safely.

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News Network
July 3,2020

Bengaluru, Jul 3: Over 35 acres of land in nine villages on the outskirts of Bengaluru have been earmarked for burial and cremation of bodies of COVID-19 victims after concerns were raised over the safety of funerals being held in burial grounds located in residential areas.

Deputy Commissioner of Bengaluru Urban District GN Shivamurthy issued an order setting apart about 35.5 acres in the villages under four Taluks of Bengaluru North, Bengaluru South, Anekal and Yelahanka.

The order directed the respective Tahsildars to register these chunks of land as reserved for burial grounds and not to use for any purpose.

According to the sources in the district administration, Karnataka Health Minister B Sriramulu and Revenue Minister R Ashoka had directed the officials to identify places on the city outskirts to dispose of the bodies of COVID-19 victims.

Mr Sriramulu had on Wednesday said COVID-19 victims will not be laid to rest in burial grounds in the city and separate places will be earmarked on the outskirts in the backdrop of safety concerns raised by public.

He had also warned against unscientific disposal of used Personal Protection Equipment kits worn by the families of the victim for the final rites, referring to reports about such instances.

In some places, people have also expressed concern over bodies of those who died of the coronavirus being buried in their neighbourhood.

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News Network
March 25,2020

Bengaluru, Mar 25: The COVID-19 count in Karnataka went up by 10 on Wednesday, reaching 51. The 10 new positives included two girls aged seven and nine who contracted the infection from their father.

The 34-year-old man had returned from Amsterdam on March 19 and tested positive as the 17th confirmed case in Karnataka.

Though his family were kept in isolation and under quarantine in their house, the children developed a cold. They were confirmed for COVID-19 infection while their mother is still negative.

The government remained tightlipped over whether or not a 70-year-old woman from Gouribidanuru who was put under house quarantine and died on Wednesday morning, tested positive for COVID-19. Government officials would neither confirm nor deny anything on the results of tests on the woman.

This evening’s bulletin issued by the Karnataka health department continued to indicate the strong correlation of coronavirus infection and foreign travel.

Among the positive cases identified today were

A 63-year-old Bengaluru man and his 59-year-old wife, with a history of travel to Brazil and Argentina.
Two 26-year-old men with a history of travel to Spain and arrived back in Bengaluru via Dubai.
Two others, a 63-year-old woman and her 69-year-old husband, had a history of travel to Athens and London.
A 34-year-old man, a resident of Udupi, who returned from Dubai
A 37-year old woman, a resident of Chitradurga, with a history of travel to Guyana and arrived back in Bengaluru via Delhi
Speaking to the media, medical education minister K Sudhakar said health officials were apprehensive the positives may go up tonight.

Of the corona positive cases detected in Karnataka so far, three have been discharged after quarantine, and 47 patients are in isolation at designated hospitals in a stable condition. There has been one fatality.

As per a recommendation by the high-level health committee, the government has decided to convert the Bowring Hospital into a coronavirus treatment hospital facility along with the Rajiv Gandhi Hospital for Chest Diseases and Victoria Hospital. 

“The number of positive cases are growing at an alarming rate and the government needs more treatment facilities. The government is for burning of COVID-19 death cases. However, due to some religious practices, it has been decided they would be buried in 8 ft deep pits,'' Dr Sudhakar said.

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