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
February 9,2020

Tumkur, Feb 9: A special puja was performed at the Durga Parameshwari temple and the Shaneshwara temple in Karnataka's Rangana Halli village to save people from coronavirus.

Yashwanth Shastri, a priest, said: "We performed this special puja on Friday to save the world from virus and diseases like corona and H1N1."

"Our ancestors used to perform a special puja for the betterment of society and save the world from viruses when they attacked," he said.

Coronavirus originated in China's Wuhan city in December last year and has since spread to various cities around the world.

The World Health Organisation (WHO) has declared the coronavirus outbreak as a global health crisis.

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News Network
May 29,2020

Bengaluru, May 29: Karnataka Law and Parliamentary Affairs Minister J C Madhuswamy on Thursday said the Centre has objected to the state's decision to increase working days at factories, and the matter would be discussed in the next cabinet meeting.

"....the Centre has raise objection to extending working days and has said it should be brought down. We will amend it....I will share the details after the next cabinet meet, the matter did not come up today (Thursday), we have received the letter," Madhuswamy told reporters in response to a question after the cabinet meeting.

He noted that a couple of states that had increased the working hours have withdrawn it. The Karnataka government had, on May 22, issued a notification allowing factories to extend working hours upto 10 hours a day and 60 hours a week till August 21. The extension of work hours is from the existing eight hours a day and 48 hours a week.

Pointing out that while announcing COVID-19 relief package, the Chief Minister B S Yediyurappa had announced Rs 5,000 per acre for maize farmers, Madhuswamy said while issuing the circular which mentioned that relief would be applicable to rabi crop, as it would not benefit many farmers.

Now, it has now been decided to give Rs 5,000 per acre to all maize farmers, irrespective of rabi or kharif. There were also several rules and regulations for barbers, autorickshaw and taxi drivers among others to claim their one-time compensation of Rs 5,000, the Minister said.

"We have decided to relax most of them (rules) other than those essential and give compensation, as regulations wouldn't have benefited many," he said. With five nominated seats of legislative council falling vacant on June 23, the cabinet has authorised the Chief Minister to nominate for 5 seats.

The cabinet also gave post-facto approval for Karnataka Repealing of Certain Enactments and Regional Law Bill 2020 that has been passed by the legislature.

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News Network
June 8,2020

Bengaluru, Jun 8: Facing a shortage of labour, some top builders in the city have initiated efforts to bring back the migrant workers, who have returned to their native places following the COVID-19 lockdown, and are holding parleys with Railway authorities for operation of special trains to ferry them.

After the lockdown was announced, many construction projects came to a halt and accordingly the labourers were rendered jobless. These migrant workers preferred to go back to their home state as they were not paid when the projects were stopped and were caught in the big financial mess. Many of these migrants even chose to cover thousands of kilometres by foot when even trains, buses or any motor vehicles were not operating.

Keeping their woes in view, the Centre decided to run the Shramik Special trains to ferry them to their native places. But, after they were gone, the builders found themselves in a lurch. An executive of a builder told PTI "Yes, our builder and a few others are in talks with the Railways to run the special train to bring back the labourers." She said nothing has been materialised as of now.

According to her, the builders took the contact numbers of the workers when they left the city to their home states and are now contacting them one by one. The South Western Railway has so far sent 3.11 lakh migrant workers in 216 Shramik Special trains starting from May 3 to June 6.

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