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
June 24,2020

Udupi, Jun 24: Nearly four years after he was arrested in the murder case of NRI entrepreneur Bhaskar Shetty, the District Sessions court has granted conditional interim bail to Niranjan Bhat, one of the three prime accused in the case.

The development comes two days after the death of Niranjan’s father Srinivas Bhat(65). Though Srinivas and his driver Raghavendra were also arrested in the case on the accusation of destruction of evidence, they were released within a month.

Through his lawyer Niranjan had appealed to the court seeking bail to perform his father’s post-death rituals. 

After hearing the arguments, the court granted conditional interim bail till July 7 on furnishing a bond of Rs 5 lakh. The judge directed the accused to report to the court on or before July 7 to be taken into judicial custody.

Bhaskar Shetty, who owned a chain of supermarkets in Saudi Arabia, went missing from his house in Udupi on 28 July 2016. His mother Gulabi Shetty lodged a missing person complaint on July 29. The police arrested his wife Rajeshwari, her son Navaneeth and astrologer Niranjan Bhat on the charge of murdering Bhaskar Shetty and destroying the evidence, in Udupi on August 7, 2016. Rajeshwari is already out on bail. Navneet is still in prison.

Shetty was murdered at his house in Indrali and later his body was taken to Belman. It is alleged Niranjan Bhat had put the body of deceased Bhaskar Shetty in the pit used for Homa rituals and burnt it.

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News Network
May 25,2020

The government of India has added 141 more flights to West Asian countries for the second phase of Vande Bharat Mission, its massive repatriation programme for citizens stranded overseas because of Covid-19-related travel restrictions.

The second phase was to end on May 22. However, External Affairs Ministry Spokesperson Anurag Srivastava said the ongoing phase will last till June 13 and that India is looking at making Frankfurt a hub for the mission.

With these new flights, more than half of them to the United Arab Emirates, the total number of flights in the second phase of the programme have gone up to more than 400, people familiar with developments said on condition of anonymity.

The flights were added due to increased demand from citizens stranded in West Asian countries and the availability of adequate quarantine facilities in states for the returning Indians, the people said. As with all the flights operated so far under Vande Bharat Mission, priority will be given in the second phase to Indian nationals with compelling reasons for returning to the country, they added.

The additional flights are from the UAE (81 flights), Oman and Saudi Arabia (15 flights each), Kuwait (14 flights), Qatar (11 flights) and Bahrain (five flights).

A majority of the flights are bound for Kerala (84 flights), while the other destinations are Delhi (10 flights), Tamil Nadu (nine flights), Telangana (six flights) Gujarat and Jammu and Kashmir (five flights each), Bihar, Rajasthan and Uttar Pradesh (four flights each), Punjab (three flights), Odisha and West Bengal (two flights each), Chandigarh, Karnataka and Goa (one flight each).

The other 260-odd flights being operated during the second phase of Vande Bharat Mission are from Armenia, Australia, Bangladesh, Belarus, Belgium, Canada, Egypt, Finland, France, Georgia, Germany, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Malaysia, Mauritius, Myanmar, Nepal, the Netherlands, New Zealand, Nigeria, Oman, the Philippines, Russia, Singapore, South Korea, Spain, Sri Lanka, Sweden, Tajikistan, the UK, Ukraine and the US.

The second phase of the repatriation programme began on May 16 and will continue till June 13, with all the flights being operated by state-run Air India and its subsidiary Air India Express. Private airlines are likely to be included in the third phase.

As of Thursday, a total of 23,475 Indians have been repatriated under Vande Bharat Mission. The second phase had included new destinations such as Istanbul, Ho Chi Minh City and Lagos, and had increased flights to the US and Europe.

More than 259,000 Indians in 98 countries across the world have registered to return under Vande Bharat Mission. Most of them are workers (28%), students (25%), professionals (14.5%), and short-term visa holders such as tourists (7.6%). Fishermen, deportees and Indian nationals who benefited from visa amnesties have also registered.

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Uwaiz
 - 
Tuesday, 26 May 2020

No flights from oman to manglore nor to Banglore 

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News Network
January 24,2020

Bengaluru, Jan 24: After Honnalli legislator MP Renukacharya, Ballari City MLA Somashekara Reddy and deputy chief minister Govind Karjol, it appeared the turn of revenue minister R Ashoka to show the BJP in poor light with controversial and provocative comments against a minority community. This, despite a gag order issued by state BJP president Nalin Kumar Kateel.

Responding to questions on the Mangaluru International Airport bomb scare incident and how the main accused would have been treated had he been a Muslim, Ashoka on Thursday said "all anti-nationals must be shot dead". Meanwhile, Renukacharya, also a political secretary to chief minister BS Yediyurappa, continued his tirade against Muslims, insisting the government will not extend any "special package" to the community.

Soon after garlanding the statue of Netaji Subhas Chandra Bose on the birth anniversary of the freedom fighter, at Vidhana Soudha on Thursday, Ashoka said: "All those who are singing the tune of Pakistan and indulging in anti-national activities, be they Hindu, Christian or Muslim, must be shot dead."

Asked to respond to former chief minister HD Kumaraswamy’s accusation that the entire Mangaluru bomb incident was stage-managed by the BJP government to divert attention, Ashoka said the JD(S) functionary "must measure his words" and not speak "like a film director who can project the police as villainous all the time".

"Kumaraswamy is a former CM. When in power, police were his closest friends, but now that he is not in government, the same police are villains," Ashoka said.

The minister reiterated the government’s stand — first floated by home minister Basavaraj Bommai —

that Aditya Rao, the main accused in the Mangaluru bomb incident, is "mentally unstable" and needs to be medically examined.

Renukacharya, meanwhile, justified comments made on Wednesday that the government will not offer Muslims "a special package".

"When they [Muslims] need development funds, they come to us and seek special packages. Once they get funds, they then vote for Congress or JD(S) in elections," Renukacharya said on Thursday. "We do not need people with such double standards. I will apply pressure on all ministers in the cabinet and even the chief minister to ensure they do not allocate any special package for the community."

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