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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Agencies
February 12,2020

Bengaluru, Feb 12: Karnataka Sanghatanegala Okkoota, a congregation of various pro-Kannada organisations, has called for a state-wide bandh in Karnataka on Thursday (13 February 2020) demanding reservation in jobs for Kannadigas in both government and private sectors.

The Karnataka bandh, which will begin from 6 am to 6 pm, is likely to impact life in Bengaluru as well as in other parts of the state. Interestingly, Ola and Uber drivers have also extended support to the bandh. 

In Bengaluru, some other drivers’ associations, including Jai Bharatha Vehicle Owners and Drivers Association and Adarsha Auto and Taxi Union have also supported the bandh.

It is not yet clear as to whether the Karnataka State Road Transport Corporation (KSRTC) staff and workers associations will back Thursday’s bandh.

Several other organisations like the Karnataka Film Chamber of Commerce (KFCC), Centre of Indian Trade Unions (CITU), and Lorry Owners Association have supported the February 13 bandh.

In view of the bandh call, schools, colleges and hospitals across Karnataka are likely to remain closed on Thursday.

The Sarojini Mahishi report, which in 1984 suggested that Kannadigas should be given some reservation in jobs in private companies, public sector undertakings and multinational companies, is yet to be implemented.

It is to be noted that Sarojini Mahishi, a four-time MP and Janatha party leader, was appointed by the Ramakrishna Hegde government to head the panel in 1983. The committee submitted an interim report in June 1984. However, a final report was tabled in December 1986 with 58 recommendations, of which the Karnataka government had accepted 45.

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News Network
April 28,2020

Bengaluru, Apr 28: A CRPF jawan has been arrested in Karnataka for allegedly defying the COVID-19 lockdown norms with the paramilitary force taking strong exception to his 'ill treatment', following which an inquiry has been ordered by the state police.

State DGP Praveen Sood has ordered inquiry into the incident, which has triggered a row after a video of it went viral.

In the clip, some police constables are purportedly seen hitting CRPF soldier Sachin Sawant with sticks in Belagavi.

According to the information shared on social media, Sawant was washing his bike when a police team reached the spot and started beating him up for not wearing a mask during the lockdown.

Taking a serious view of the 'ill-treatment' meted out to its Cobra Commando, the CRPF has written a letter to the Karnataka police demanding an investigation into the matter.

In a letter to the DGP of Karnataka, the additional Director general of police of CRPF Sanjay Arora said Sawant was cleaning his bike when a skirmish happened between him and the police over not wearing the mask.

Arora wrote, "Sawant was manhandled and ill-treated, before his family members and paraded to the police station barefoot, where he was kept in chains and handcuff.

From the scrutiny of a viral video on social media, it is apparent that the conduct of police personnel was not citizen centric."

The CRPF ADGP also said the 'unpleasant' situation could have been avoided if the Karnataka police had taken CRPF hierarchy into confidence before making the arrest.

In response, Sood ordered an inquiry into the matter.

He tweeted that IGP Belagavi has been asked to conduct a probe into the incident involving CRPF constable. Action will be taken against guilty after receipt of report, he said.

According to sources, Home Minister Basavaraj Bommai has directed the state police chief to conduct a detailed inquiry into the incident.

Denouncing the arrest, Karnataka Irrigation Minister Ramesh Jarkiholi has sought the release of the CRPF jawan.

"It was wrong on the part of the constables to ill treat CRPF jawan and an inquiry be conducted against the erring policemen," said jarkiholi in a press release.

However, Superintendent of Police of Belagavi district, Laxman Nimbargi defended the arrest of Sawant.

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News Network
June 24,2020

Mangaluru, June 24: Congress leader Ivan D’Souza has vowed to serve the poor and practice as a lawyer in the city, as he completed six years of tenure as a member of Karnataka legislative council on June 23. 

Expressing satisfaction about his work as an MLC, he said: “I’m one among the three MLCs who have 100% attendance in the council. Meanwhile, I’m the only council member to utilise the privilege of raising five questions in each session. I brought several major issues to the government through the questions and succeeded in finding solutions to the problems of people.”

“During my six years of tenure as a council member, I could bring sanctions to the tune of Rs 46 crore through various departments. Meanwhile, financial aid to the tune of Rs 13.24 crore has been distributed through Chief Minister’s Relief Fund to nearly 1,600 beneficiaries. I will continue to serve the poor on my own as an individual. For this, I have set up an office in the premises of my house,” Ivan said, adding that he has distributed grocery kits and other essential items to over 18,000 families during the lockdown period.

“I have successfully fulfilled my duties as the chief whip of the government in the council and also as the parliamentary secretary to revenue department in Siddaramaiah and H D Kumaraswamy governments, respectively,” he said. 

Ivan said his office in the Mangaluru City Corporation (MCC) building will be handed over to JD(S) MLC S L Boje Gowda. “My doors are always open for the people. I will strive to build the party in the state,” he added. 

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