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
January 13,2020

Bengaluru, Jan 13: Right-wing organisations, along with BJP and RSS workers, will take out a massive padayatra in Kanakapura on Monday, protesting against the construction of a Jesus Christ statue.

The event organised by the Hindu Jagarana Vedike (HJV) will witness a rally from the Aiyappa temple in Kanakapura to the taluk panchayat office, where a memorandum will be submitted to the authorities following a public meeting.

Ahead of the event, Congress leader D K Shivakumar, in a video message released on Sunday, urged the people of Kanakapura to maintain calm. The former minister cast apprehensions over the event scheduled on Monday and said provocative statements may be made to disturb peace and harmony in Kanakapura.

Shivakumar, who represents the Kanakapura constituency, said the motive of the meeting by the leaders and workers of the BJP and the RSS, along with seers of mutts, was to defame his constituency.

“If any remarks are made against me, my brother (D K Suresh) or people of different faiths in Kanakapura constituency, do not be provoked,” he urged.

“Members of the (Christian) community have prayed at the site for 400 years and are trying to install a statue of Jesus Christ. I have helped the community like I aided hundreds of temples and educational institutions,” he said.

Appealing to maintain peace, Shivakumar said that BJP and RSS leaders were free to petition anybody.  

The BJP and right-wing organisations have objected to the construction of the statue at Kapala Betta, with the BJP government ordering a probe into how road, power supply and other facilities were provided to the hill. Recently, Christian leaders had petitioned Chief Minister B S Yediyurappa to remove any impediments to the construction of the statue.

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News Network
February 25,2020

Bengaluru, Feb 25: Infosys is all set to announce a cyber defence centre in Indianapolis to complement its technology and innovation centre inaugurated early last year.

This will be Infosys' seventh global cyber defence centre. According to its recent cybersecurity report titled 'Assuring Digital Trust,' 83 per cent of executives view cybersecurity as critical, yet 67 per cent are still struggling to have security embedded.

The cyber defence centre will provide end-to-end, real-time, 24x7 cyber security monitoring and protection services to support and guide American businesses in their digital transformation journey, it said.

The facility is dedicated and organised to prevent, detect, assess and respond to cybersecurity threats and breaches.

Client environment will be monitored round the clock, adopting a follow-the-sun model to deliver services like 24x7 security monitoring, management and remediation, threat hunting, security analytics, incident discovery and response, compliance reporting and malware analysis.

Vishal Salvi, Chief Information Security Officer and Head of Cyber Security Practice at Infosys, said the cyber defence centre is staffed with expert security analysts with niche skills around threat research and intelligence gathering to deliver best-in-class services to customers.

"Additionally, advanced data analytics and machine learning models are deployed to detect zero-day threats by unknown threat actors. This supports our commitment to helping our customers build a resilient cybersecurity programme that operates at scale while increasing operational efficiency and reducing costs," he said in a statement.

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coastaldigest.com news network
May 5,2020

Newsroom, May 5: Following the union government's nod, preparations are afoot to bring back Indian nationals stranded abroad from May 7 onwards.

According to sources, in the first phase from May 7- 14, the government would allow more than 60 “non-scheduled, commercial” flights to operate from about 12 countries to India to bring back 15,000 citizens. At least half of those flights will be from the Gulf region, including UAE, Qatar, Saudi Arabia, Bahrain, Kuwait and Oman, while the rest would bring passengers from the U.S., the U.K., Singapore, Malaysia, Philippines and Bangladesh.

The flights would be spread over 10 States identified as having the largest numbers to return, with Kerala, Tamil Nadu and Delhi (NCR) receiving the maximum number of flights.

A meeting held at the Ministry of Civil Aviation looked specifically at flights, mainly operated by Air India, while it awaits a final plan from countries where Indians need to be airlifted from. The first flights planned at present are from Abu Dhabi, Dubai, Riyadh and Doha, flying directly to Kozhikode and Kochi.

While the full estimate of Indians needing to return home could cross ten lakhs (a million), with more than two lakhs having registered to return from the UAE alone, officials said their return would be “prioritised and staggered”.

Flight plan for return of Indian nationals stranded abroad:

Comments

Anwar
 - 
Thursday, 7 May 2020

for Kyrgyzstan

 

https://indembbishkek.gov.in/pages.php?id=226

Anwar
 - 
Thursday, 7 May 2020

For malasia

 

https://hcikl.gov.in/indreg

Prathaban
 - 
Wednesday, 6 May 2020

How to apply malaysia pls give me a registration link

Anwar
 - 
Wednesday, 6 May 2020

For Singapore

https://www.hcisingapore.gov.in/indian_registration

Anwar
 - 
Wednesday, 6 May 2020

Please contact embassy or ministry

Saudi details are here:

 

https://docs.google.com/forms/d/e/1FAIpQLSc_yyVAYPD-VYH98RNOWZkDkGKVsf34qnu0oGoLdtts3RG7_Q/viewform
 

http://www.coastaldigest.com/news/indians-stuck-saudi-arabia-due-lockdown-ought-know-these-things-returning-home

Kotadiya vinit…
 - 
Wednesday, 6 May 2020

I am in singapore 

 

And now my study finished already so how to go back india

Shipra
 - 
Wednesday, 6 May 2020

Please share a link to how to Register 

Rishi kumar sonkar
 - 
Tuesday, 5 May 2020

We want to go back india we are in Kyrgyzstan

how to registe…
 - 
Tuesday, 5 May 2020

how to register ?please share link/details

 

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