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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News Network
April 20,2020

Bengaluru, Apr 20: Former chief minister HD Kumaraswamy, reacting to the incident which happened in Padarayanapura area of the city last night, in which a group of men vandalised a police barricade, said that the perpetrators of the violence should be dealt with severely.

He further said, "It was not at all needed to attack Asha workers, police or doctors. These kinds of incidents are not acceptable. It is an act of shame. It does not matter which community the perpetrators belong to, each and everyone must follow the guidelines and law. Whoever indulged in such an act must be punished."

Earlier on Sunday, a ruckus erupted in Padarayanapura on Sunday allegedly over the shifting of suspected COVID-19 persons to a quarantine facility by the Bruhat Bengaluru Mahanagara Palike (BBMP) officials.

The incident occurred in the late evening at Padarayanapura, which is recognized as a 'Red Zone', when BBMP officials went to shift 15 secondary contacts of corona positive patients. However, some people created a ruckus, broke the barricade and removed the police post in the area.

In Karnataka, 390 people have detected positive for COVID-19, of which 16 people have succumbed to the infection, as per the Union Health Ministry.

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coastaldigest.com news network
June 18,2020

Mangaluru Jun 18: Dakshina Kannada on Thursday, June 18, reported 23 fresh covid-19 cases, taking the total number of the cases detected in the district to 401.  

Among the 23 corona-positive patients, there are 21 males and two females. 

21 are Saudi returnees, while the other two have contracted infection from P-6618.

No cases were reported in Udupi district on Thursday.

The total number of cases in Udupi is 1,039, with only 92 cases being currently active. As many as 946 patients including 38 on Thursday who recovered have been discharged from hospital.

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coastaldigest.com news network
May 10,2020

In a shocking incident, a pharmacist-cum-production manager of an Ayurvedic product company in Chennai’s T.Nagar died after drinking a chemical preparation he reportedly formulated for tackling the Coronavirus.

The managing director of the company, who is an ophthamologist by qualification, was hospitalised after he fainted soon after he ingested the chemical component.

The deceased, K.Sivanesan, 47, of Perungudi, was with Chennai-based Sujatha Biotech, an Ayurvedic and herbal products company which was founded 30 years ago. It has a plant in Kashipur, Uttarakhand, where Sivanesan was working. Sivanesan had devised formulas of various products and used to visit his managing director Dr. Rajkumar frequently in the city.

Due to the lockdown, Sivanesan came to Chennai and stayed with his family in Perungudi. On Thursday morning, he procured the chemical component from a market in Parry’s Corner.

First he gave a small amount powder he derived from the chemical to 67 years-old Rajkumar who fainted after tasting it.

Even as he was being resuscitated, Sivanesan went into the kitchen of the house and gulped it in liquid form after adding water to it. He could not be revived.

Deputy Commissioner of Police, T.Nagar, Ashok Kumar, said, “Our investigation revealed that Sivanesan died after drinking the preparation he claimed would help COVID-19 patients. His managing director fainted after tasting it initially. Further investigation is on.”

Sivanesan was rushed to a private hospital in T.Nagar and declared dead by the doctors there. Later his body was shifted to Government Royapettah Hospital for post-mortem. Teynampet police registered a case under section 174 of Criminal Procedure Code for unnatural death.

N.S.Vasan, designer-cum-media manager of the company said, “Due to the lockdown, Sivanesan stayed in the city and one day told us he heard of some medicine from U.S. President Donald Trump’s recent speech for curing Coronavirus. He said it would bring more immunity and help to prevent COVID-19. Deciding to test the effect of the medicine, he went to Parry’s Corner and bought the powder.” He added that Sivanesan must have taken a heavy dosage of the ‘drug’ and he was killed instantly.

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