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
July 20,2020

Udupi, Jul 20: Five COVID Day Care Centres have been opened here on Monday with combined 870 bed for asymptomatic Covid-19 patients.

The Centres are set up at Karkala (1), Udupi (3) and Kundapura (1). Presently more than 100 patients are being treated in these Centres.

These Centres have been opened in the wake of high incidences of Covid-19 cases in the district. They are set up for asymptomatic patients who do not wish to be treated at home.

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coastaldigest.com news network
January 11,2020

Mangaluru, Jan 11: U Haroon bin Aboobakar Mukri, a businessman from Uppinangady passed away at a private hospital in the city today. He was 74.

He was undergoing treatment for multiple ailments including age-related diseases. He breathed his last at 12:40 a.m. on Saturday.

Son of Late Aboobakar Mukri, who was an Islamic activist and leader of Jamaat-e-Islami Hind in Uppinangady, Haroon was known for his generosity, kind-heartedness and simplicity.

An alumnus of St Aloysius College, Mangaluru, he was also a passionate traveller and life enthusiast, who always loved to meet people and spread positive vibes.

He is survived by his wife, four sons, a daughter and a large number of relatives, friends and well-wishers.

The funeral prayers were held at Masjid al-Huda, Uppinangady on Saturday afternoon. He was buried on premises of the same mosque.

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News Network
February 17,2020

Varanasi, Feb 17: For the first time, the Indian Railways has reserved a seat for a deity on a train. The national transporter, which launched its third IRCTC operated train named Kashi Mahakal Express from Varanasi to Indore, has reserved a seat for Lord Mahakal (Lord Shiva) on board.

Speaking to media, Northern Railway spokesperson Deepak Kumar said: "It is for the first time that a seat has been left reserved for a deity."

"One seat in Kashi Mahakal Express (seat number 64 in B5 coach) has been left reserved for Lord Shiva," he said.

"Even a temple has been drawn on the seat to make people aware that the seat is reserved for Lord Mahakal," he said.

IRCTC's Director, Tourism, Rajni Hasija said that the practice would continue beyond the inaugural run.

Prime Minister Narendra Modi flagged off the Kashi Mahakal Express via video conferencing from Varanasi, where he is all launched several projects worth Rs 1,250 crore during the day's visit to his parliamentary constituency.

The third IRCTC train, after the two Tejas Express trains on New Delhi-Lucknow and Mumbai-Ahmedabad routes, the Kashi Mahakal Express will connect three places -- Jyotirlinga-Omkareshwar (near Indore), Mahakaleshwar (Ujjain) and Kashi Vishwanath (at Varanasi).

Also connecting the industrial and educational hub of Indore, with Bhopal, the train will begin its commercial run from February 20.

"The Kashi Mahakal Express will operate three days in a week and it will be a bi-weekly service through the Sultanpur-Lucknow route and a weekly service via the Prayagraj route," Kumar said.

Elaborating on the two routes from which the train will pass every week, Hasija said: "Once the new train starts its regular run from this week, it will depart from Varanasi at 2.45 p.m. every Tuesday and Thursday to reach Indore at 9.40 a.m. on Wednesday and Friday.

Similarly, the train will start from Indore at 10.55 a.m. every Wednesday and Friday and will reach Varanasi at 6.00 a.m. the next day. This train will have stoppages at Ujjain, Sant Hirdaram Nagar, Bina, Jhansi, Kanpur and Sultanpur stations in both directions.

Meanwhile, in the weekly service via Prayagraj route, the Kashi Mahakal Express will depart from Varanasi at 3.15 p.m. every Sunday to reach Indore at 9.40 a.m. the next day. On the other way, it will depart from Indore at 10.55 a.m. every Monday and reach Varanasi at 5 a.m. the next day.

"This train will halt at Ujjain, Sant Hirdaram Nagar, Bina, Jhansi, Kanpur and Allahabad stations in both directions," Kumar said.

Explaining the fares of the Kashi Mahakal Express, Hasija said, "Kashi Mahakal Express will follow a dynamic fare structure like the other two Tejas Express trains."

One-way journey from Varnasi to Indore will cost Rs 1,951, inclusive of four meals.

According to the IRCTC officials, the Indore-Varanasi Kashi Mahakal Express will be the first private train that will run overnight and for a comfortable long distance journey, will feature a host of facilities. The IRCTC will serve vegetarian food, and provide housekeeping services, on-board security services and bedrolls.

The IRCTC officials said that passengers will also get complementary insurance of Rs 10 lakh.

The train will have an advance reservation period of 120 days and will only have the general and foreign tourist quotas. The current booking will be available to the passengers on the platform itself after preparation of first chart, four hours to five minutes before the scheduled departure of the train.

To facilitate travel for pilgrims, the IRCTC is also introducing special tour packages for passengers who want to see the pilgrim centres enroute. The tour options are; Mahakal Darshan (Ujjain - Omkareshwar), Bhopal-Sanchi-Bhimbetka, Malwa Jyotrilinga Darshan (Ujjain-Omkareshwar- Maheshwar- Indore) and Bhopal-Sanchi-Bhimbetka-Ujjain. Other tour options include Kashi, Ayodhya and Prayag; Kashi Darshan; Kashi, Prayag, Ayodhya; Kashi and Prayag and only Kashi.

The train has silent features like CCTV cameras, which will be monitored online around the clock from the IRCTC centres, whereas for the first time the IRCTC has brought the marshals in the train for passengers safety and also to make people aware to not smoke inside the train as it has smoke and heat sensors installed in the coaches as well as in the bathroom. For the blind passengers, the train coaches have the seat numbers written in Braille, and the catering staff will be dressed in yellow kurta-pyjamas with a rudraksh malas on their necks to promote the train's theme.

Comments

ASIF
 - 
Tuesday, 18 Feb 2020

waw.. good header with superb news..

good going !!

Althaf
 - 
Tuesday, 18 Feb 2020

If you are truthful then go to china and stay with patients of carona virus. The carona virus should not affect you as you are a vegeterian. Prove this first. 

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