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 8,2020

Dubai, Jan 8: A Ukrainian airliner crashed soon after taking off from Tehran's Imam Khomeini airport on Wednesday, killing all 176 people aboard, Iran's state television and Ukraine's leaders said.

The Boeing 737 belonging to Ukraine International Airlines crashed near the airport and burst into flames. Ukraine's embassy in Iran, citing preliminary information, said the plane had suffered engine failure and the crash was not caused by "terrorism".

Ukraine President Volodymyr Zelenskiy said there were no survivors.

"My sincere condolences to the relatives and friends of all passengers and crew," Zelenskiy said in a statement, adding that Ukraine was seeking to establish the circumstances of the crash and the death toll.

Iranian TV said the crash was due to technical problems but did not elaborate. State broadcaster IRIB said on its website that one of the plane's two black boxes - the flight data recorder and the cockpit voice recorder - had been found.

Iranian media quoted an Iranian aviation official as saying the pilot of the airliner did not declare an emergency.

There was no official word from Ukraine International Airlines. It was the Kiev-based airline's first fatal crash.

"The fire is so heavy that we cannot (do) any rescue... we have 22 ambulances, four bus ambulances and a helicopter at the site," Pirhossein Koulivand, head of Iran's emergency services, told Iranian state television.

Ukraine's prime minister and Iranian state TV said 167 passengers and 9 crew were on board. Iranian TV said 32 of those on board were foreigners.

Television footage showed debris and smouldering engine parts strewn across a field, and rescue workers with face masks retrieving bodies of the victims.

According to air tracking service FlightRadar24, the plane that crashed was Flight PS 752 and was flying to Kiev. The plane was three years old and was a Boeing 737-800NG, it said.

The model's twin engines are made by CFM International, a U.S.-French venture co-owned by General Electric and France's Safran.

Modern aircraft are designed and certified to cope with an engine failure shortly after take-off and to fly for extended periods on one engine. However, an uncontained engine failure releasing shrapnel can cause damage to other aircraft systems.

A spokesman for Boeing said the company was aware of media reports of a plane crash in Iran and was gathering more information. The plane manufacturer grounded its 737 MAX fleet in March after two crashes that killed 346 people.

The 737-800 is one of the world's most-flown models with a good safety record and which does not have the software feature implicated in crashes of the 737 MAX.

Under international rules overseen by the United Nations, Iran is responsible for leading the crash investigation.

Ukraine would be involved and the United States would usually be accredited as the country where the Boeing jet was designed and built. France, where the engine maker CFM has half its activities, may also be involved.

There was no immediate word on whether the U.S. National Transportation Safety Board would be involved in the probe amid escalating tensions between the U.S. and Iran. The NTSB usually invites Boeing to give technical advice in such investigations.

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News Network
January 14,2020

Jan 14: A police complaint was lodged on Tuesday against BJP West Bengal unit president Dilip Ghosh for his threat to "beat up" and "shoot' " anti-CAA protesters, whom he called "infiltrators".

The complaint was registered in Ranaghat police station of Nadia district by a Trinamool Congress worker Krishnendu Banerjee, who alleged that Ghosh was inciting communal passion.

Addressing a party rally on Sunday in Ranathat, about 80 km from Kolkata, Ghosh went ballistic, saying the governments in BJP-ruled Assam, Karnataka and Uttar Pradesh have shot dead "like dogs" those protesting against the new Citizenship (Amendment) Act.

Alleging there were one crore infiltrators in the state, Ghosh had accused them of destroying public property worth Rs 500-600 crore during the violent protests against the CAA last month

"Friends, please know these people who are opposing Hindus and Bengalis. In whose interest are they doing this? There are one crore infiltrators. They are having their meals and staying here on our money".

He accused the state's Mamata Banerjee government of remaining silent a spectator to the violence.

"This (violence) happened because there was neither any baton charge, nor firing, nor was any FIR filed. Why? Didi's police did not arrest anybody... because they vote for her".

He then referred to the three states ruled by the BJP.

"In Assam, Karnataka and Uttar Pradesh, our governments have shot dead these devils like dogs. They were taken elsewhere and then again cases were filed against them. They will come here, eat, stay, and then destroy property. Do they think this is their zamindari?"

He had said once a BJP government was installed in Bengal, "We will hit them with sticks, shoot them and also send them to jail. Our governments have done exactly that. Mamata Banerjee doesn't have the guts to do anything".

However, his incendiary comments did not meet the approval of sections in the party.

Union Minister Babul Supriyo came out with a tweet slamming Ghosh and distancing the BJP from the comments.

"Very irresponsible of Dilip Da to have said what he said. It is a figment of his imagination... BJP governments in UP and Assam have never resorted to shooting people for whatever reason," he tweeted.

Supriyo's tweet was retweeted by nominated Rajya Sabha member Swapan Dasgupta, considered close to both Prime Minister Narendra Modi and Home Minister Amit Shah.

But Ghosh did not budge and aggressively asked whether the party was being run by Shah or Supriyo.

"People comment according to their understanding. What I feel is that our governments have done it, and so I said all that. If we get a chance we will also do such things," he said, sticking to his earlier comments.

Supriyo also hit back. "Just as he has remarked 'whatever Babul Supriyo has understood he has said', similarly I am saying this is Dilip da's personal opinion, and it has no connection with the party".

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News Network
January 12,2020

Bengaluru, Jan 12: Karnataka’s ranking in Niti Aayog’s sustainable development goals (SDG) index rose by one place to No. 6 in 2019, compared to the year before.

Of the 17 SDGs that are used to compute the overall index, Karnataka topped in two – ‘climate action’ and ‘life on water’. The former is a measure of how well a state integrates climate action into policies and strategies and promote mechanisms for raising capacity for effective climate change planning and management. The latter focuses on preventing marine pollution, ending illegal and destructive fishing practices, and sustainably managing and protecting marine and coastal ecosystems.

It also did well in ‘decent work and economic growth’ and ‘peace, justice and strong institutions’. But it fared poorly, slipping 16 places – from No. 5 in 2018 to No. 21 in 2019 – in ‘industry, innovation and infrastructure’. Rankings in ‘quality education’ and ‘zero hunger’ have also fallen. While in education it is now ranked 7, a drop of three places, in ‘zero hunger’, it has dropped to No. 17 from 13. SDG is a United Nations initiative. Niti Aayog has customised it for India, and 36 states and union territories are ranked. The organisation admits there is an issue of data availability in India, indicating the numbers may not exactly reflect the ground situation.

In ‘industry, innovation and infrastructure, Karnataka scored just 40 out of a target of 100. The country average was 65. It failed to achieve targets in all the four parameters for the category, except in the number of mobile connections, where it has 100 connections per 100 population. The biggest dip was in manufacturing industry jobs and in providing allweather roads under Pradhan Mantri Gram Sadak Yojana to targeted habitats. Niti Ayog has given a score of 0 for the latter. Speaking on the dismal performance in the ‘industry and infrastructure’ category, state planning commission vice-chairman BJ Puttaswamy said he was yet to look into this parameter. “I have asked the departments concerned to meet me by Monday,” he said.

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