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 23,2020

Beijing, Jan 23: China is putting on lockdown a city of 11 million people considered the epicenter of the new coronavirus outbreak that has killed 17 and infected nearly 600 people, as health authorities around the world work to prevent a global pandemic.

The previously unknown coronavirus strain is believed to have emerged late last year from illegally traded wildlife at an animal market in the central Chinese city of Wuhan. Cases have been detected as far away as the United States, stoking fears the virus is already spreading worldwide.

Wuhan's local government said it would shut down all urban transport networks and suspend outgoing flights from the city as of 10 a.m. (0200 GMT) Thursday, state media reported, adding that the government is urging citizens to not leave the city in the absence of special circumstances.

Contrasting with its secrecy over the 2002-03 Severe Acute Respiratory Syndrome (SARS), which killed nearly 800 people, China's communist government has this time given regular updates to try to avoid panic as millions of people travel for the Chinese Lunar New Year holiday.

Chinese authorities have confirmed 571 cases and 17 deaths as of end-Wednesday, state television reported on Thursday. There are eight other known cases around the world - Thailand has confirmed four cases, while the United States, Taiwan, South Korea and Japan have each reported one.

Vice Premier Sun Chunlan said during a visit to Wuhan that authorities needed to be open about the spread of the virus and their efforts to contain it, the official Xinhua news agency reported on Thursday, comments likely to reassure global health experts.

After a meeting at its Geneva headquarters on Wednesday, the World Health Organization (WHO) said it would decide on Thursday whether to declare the outbreak a global health emergency, which would step up the international response.

If it does so, it will be the sixth international public health emergency to be declared in the last decade.

WHO Director-General Tedros Adhanom Ghebreyesus told reporters in Geneva that China's actions so far were "very strong" but called in Beijing to take "more and significant measures to limit or minimise the international spread".

"We stressed to them that by having a strong action not only they will control the outbreak in their country but they will also minimise the chances of this outbreak spreading internationally. So they recognise that," he said.

A senior U.S. State Department official also called on China to "play a bigger role in global health so they taking more and significant measures to limit or minimise the international spread".

"The lack of transparency in the past, especially with SARS ... gives us concern that that may be the case here," the official said, adding however that there were "positive signs that they have taken action in Wuhan".

Fears of a pandemic initially spooked markets but they regained their footing on Wednesday, with investors citing the robust response from authorities as reassuring.

VIRUS SPREADING

The outbreak began in Wuhan, a major transportation hub as well as central China's main industrial and commercial centre, and has now spread to other major population centers including Beijing, Shanghai and Hong Kong.

There is no known cure for the virus. Symptoms include fever, difficulty in breathing and cough, similar to many other respiratory illnesses, and can cause pneumonia.

Chinese authorities are still investigating the origins of the virus, though they confirmed the outbreak began at a market in Wuhan with illegal wildlife transactions and that it can spread from one person to another via respiratory transmission. Among confirmed patients are 15 medical workers, further adding to worries about a possible global pandemic.

Many Chinese were canceling trips, buying face masks, avoiding public places such as cinemas and shopping centers, and even turning to an online plague simulation game as a way to cope.

Airports globally stepped up screening passengers from China and the European Centre for Disease Control and Prevention (ECDC) said in a risk assessment that further global spread of the virus was likely.

Britain joined other countries including Australia in advising citizens against all but essential travel to Wuhan.

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News Network
February 19,2020

New Delhi, Feb 19: Delhi Chief Minister Arvind Kejriwal met Union Home Minister Amit Shah on Wednesday, their first meeting after the assembly polls in the national capital.

The meeting went on for over 20 minutes at Shah's residence. The meeting was earlier scheduled at the Home Ministry.

"Met Hon'ble Home Minister Sh Amit Shah ji. Had a very good and fruitful meeting. Discussed several issues related to Delhi. Both of us agreed that we will work together for development of Delhi," Kejriwal tweeted.

Shah had led the BJP offensive against Kejriwal in the Delhi Assembly polls in which AAP trounced the saffron party, bagging 62 of the 70 seats.

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News Network
February 4,2020

Bengaluru, Feb 4: The possibility of defeated MLA CP Yogeshwar being inducted into chief minister BS Yediyurappa’s cabinet is causing ripples within the ruling BJP, with many legislators, especially from Kalyana-Karnataka region, raising a banner of revolt.

Several MLAs led by Surapur legislator Narasimha Nayak, also known as Raju Gouda, held a meeting at the Legislators Home on Monday and voiced their opposition.

"When there are more than two dozen MLAs aspiring for a cabinet berth, making a former MLA a minister is beyond logic," Gouda said. "We will convey our feelings to Yediyurappa and state BJP president Nalin Kumar Kateel." Murugesh Nirani, Paranna Munavalli, Rajkumar Patil, Dattatreya Patil Revoor, Basavaraj Mattimud are among others who attended the meeting. MP Renukacharya, political secretary to the CM and Honnali MLA, was also present at the meeting. "Some more MLAs will join us when we meet again tomorrow," Gouda said.

The MLAs highlighted the issue of caste and regional imbalance in the council of ministers to further their cause. With four from Bengaluru and three from Belagavi district set to take oath on February 6, the share of MLAs from these districts in the cabinet will rise to seven and five respectively. Currently, 16 districts have no representation.

Sources say Yediyurappa and BJP’s national leadership decided to reward Yogeshwar with a cabinet berth for his "active" role in getting 17 Congress-JD(S) MLAs to resign and join the BJP, enabling the party to grab power. The party also believes he has the potential to become the Vokkaliga face of the BJP in the Old Mysuru region, where the party’s organisation is weak.

If Yogeshwar is inducted, he will be the second former MLA to make it to Yediyurappa cabinet after deputy CM Laxman Savadi, who lost the 2018 assembly polls. Several party MLAs were unhappy with Savadi’s elevation and are now upping the ante against the party leadership.

"Let Yogeshwar be made Rajya Sabha or council member. We have no problem. But making him minister is not acceptable. If they want to make defeated MLAs ministers, then why not AH Vishwanath and MTB Nagaraj, whose sacrifices brought BJP to power?" said Gouda.

Reports say Yediyurappa has promised Vishwanath and Nagaraj, the disqualified MLAs who lost the bypolls, that they would be made ministers in June. Both met Yediyurappa and secured this assurance. The two were demanding that they be inducted into the cabinet on Thursday.

Meanwhile, Vijayapura MLA Basavanagouda Patil Yatnal urged the CM to evaluate the performance of existing ministers and drop those found non-performing. "Many ministers don’t even come to the Vidhana Soudha. What is the use of having such ministers?" he asked.

Yediyurappa also continued to face pressure to induct Athani MLA Mahesh Kumatalli into the cabinet. The Jarkiholi brothers, Ramesh and Balachandra met Yediyurappa separately on Monday with a request to make Kumatalli, their confidant, a minister.

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