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 2,2020

Thrissur, Feb 2: The Kerala government on Saturday said the condition of the medical student, kept in an isolation ward in Thrissur after testing positive for the novel coronavirus is satisfactory and that three people have been arrested for spreading false information on social media about the disease.

The woman, who tested positive, is a student of Wuhan university and is undergoing treatment at the Thrissur Medical College Hospital.

"The health status of the student who tested positive for coronavirus remains satisfactory.

The hospital authorities have confirmed that the health condition of all symptomatic persons under isolation in hospitals are "stable", a bulletin said.

Health Minister K K Shailaja said Kerala has strengthened surveillance and control measures against the epidemic, which has been declared by WHO as a global emergency,

She told reporters here that three people have been arrested for spreading false information about those who had arrived in the state from coronavirusa affected countries and are under home surveillance.

Six others had forwarded the posts and the cyber cell was probing the matter, Shailaja said.

The minister had earlier warned that strong action would be taken against those putting out false news on the disease.

Police said Sabari was arrested on Friday and released on bail, while two others-- Shafi and Siraj were arrested on Saturday.

Two cases have been registered in two police stations in Thrissur in this connection, they said.

A medical bulletin said that till date, 1793 people who travelled from coronavirus affected countries have been identified and placed under surveillance.

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News Network
January 27,2020

Jan 27: Bollywood Film Director Anurag Kashyap, who has been vocal about his political views on social media, slammed Union Minister Amit Shah and accused him of being 'cheap'.

"How timid our Home Minister is. Its own police, its own goons, its own army and security increases and invades unarmed protestors. Amit Shah has crossed the extent of cheapness and inferiority. History will spit on this animal," Kashyap tweeted.

The film director has taken an active part in the anti-Citizenship Act protest rallies and was against the Jawaharlal Nehru violence. He also came in support of his contemporary Deepika Padukone when the latter faced backlash for showing up at JNU in support of the students.

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News Network
February 11,2020

Thrissur, Feb 11: The latest test result of the woman medical student, who arrived here from China's Wuhan region and was the first positive case from India for the novel Coronavirus (nCoV), has come out negative, health officials said on Monday.

Her condition was "stable", they said.

According to the state health department as of now, 31 people are in isolation wards across various hospitals in the state.

"The blood test result of the first patient from Thrissur, from the National Institute of Virology (NIV) testing centre at Alappuzha, shows a negative result.

But we need confirmation from the NIV at Pune," a senior medical officer told news agency.

After the first positive case was reported from Thrissur, two other Keralite students from Wuhan, the epicentre of the virus, had tested positive in Alappuzha and Kasaragod districts.

The health department had earlier said those in isolation wards of various hospitals in the state have come down to 34.

"A total of 3,367 are under observation across the state, of which 3,336 are under home quarantine," a release issued by the health department said.

The department has already sent at least 364 samples for testing at the NIV at Pune and so far 337 results have returned negative.

The ''state calamity'' alert, which was declared on February 3, was withdrawn on Friday after no new positive cases of infection were detected.

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