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
June 20,2020

Udupi, Jun 20: Movement of heavy vehicles on Agumbe Ghat section was banned till October 15, following heavy rain lashing due to onset of South West Monsoon.

The Agumbe Ghat connects Shivamogga with the Udupi district. There is a possibility of landslides on either side of the Ghat road if movement of heavy vehicles is allowed during the monsoon, said Udupi DC G Jagadeesh in statement issued here on Saturday.

The movement of all heavy vehicles above 12 tonnes has been banned on the road. Till end of monsoon all the heavy vehicles have to move via Udupi-Brahmavar-Barkur-Shankaranarayana; Siddapura-Hosangady-Hulikal Ghat-Hosanagara-Theerthahalli; Udupi-Karkala-Bajagoli-S K Border-Kerekatte-Sringeri- Shivamogga.

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Dr Parinitha
January 17,2020

We came on foot, we came on boats, shouting slogans of Azadi.

We stood on roof tops and sat on walls under the burning midday sun,

Listening to the words that we had longed to hear for so long.

Words that had been scripted through the lonely fears of our hearts.

Words that were spoken now with the clarity of courage.

Words that were spoken now with the suppressed strength of pent up anger.

Words that were spoken now with the certainty of belonging to the soil 

Which had become one with the dust of our ancestors.

We stood there in the waves of heat

Feeling the surge and press  of countless bodies around us.

Bodies meshed through the odour of sweat 

And the shared fear of a common persecution.

And hanging from the roof tops,

And tied to the poles,

And clutched in hands slippery with sweat,

And wrapped round the pillars,

And spreading into our blood,

Were three strips of colour with a wheel of spokes,

Sewn together into the shape of our being.

Woven into the folds of our future and the creases of our past. 

Stitched to the seams of the earth, the water, the air and the sky 

That belonged to us and to which we belonged. 

And we stood there from noon to evening,

We the people of India.

Raising our clenched fists like signposts to the future.

Chanting slogans like a new anthem.

Kin to each other through the ties of community.

Born to live and die 

In a nation that was ours to hold on to

And ours to belong to.

Dr Parinitha is a professor of English in Mangalore University. She penned the poem soon after participating in the historic protest against CAA, NPR and NRC at Shah Garden, Adyar, Mangaluru on 15th January, 2020.

Also Read: 

‘The more you try to divide us, the stronger and united we’ll be’: Record turnout in Mangaluru’s anti-NRC protest

Anti-NRC protest in Mangaluru brings ‘media bias’ to the fore

Comments

Abdullah
 - 
Wednesday, 29 Jan 2020

Salute to you siter for your meaningful poem.  This is reality.  However, the enmy is blind/deaf/dumb.   May God give right way of thinking to enmy and in case he is unlucky, let God finish him and let him beg for death.  

Indian
 - 
Thursday, 23 Jan 2020

Waav..What a Heart Touching poetry...

 

Hats off to you ma'am....

 

Love from all Indians...

 

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coastaldigest.com news network
July 10,2020

Mangaluru, Jul 10: A 58-year-old official of the Central Industrial Security Force (CISF) has died due to the coronavirus infection, taking the death toll in the paramilitary force because of the disease to nine, officials said on Friday.

Assistant Sub Inspector K B Premsha, posted in the CISF unit that guards the Mangalore Refinery and Petrochemicals Ltd (MRPL), passed away at a local hospital on Thursday, they said.

He was admitted to the hospital on July 5 with fever. His COVID-19 test report arrived on July 7 and it was positive. Premsha breathed his last on Thursday, officials said. He was a resident of Kodagu in Karnataka.

This is the ninth COVID-19 death in the force that has recorded 1,137 cases till now, according to an official data.

Of the total cases reported in the force so far, 410 are under treatment across the country, nine have died and the rest have recovered, officials said.

They said that 20 personnel tested COVID-19 positive on Friday while 22 have recovered over the last 24 hours.

The about 1.62-lakh strong CISF is the national aviation security force guarding 63 airports at present and it is also tasked to guard vital installations in the aerospace and nuclear domain.

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