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 9,2020

Bengaluru, Jul 9: The total number of Covid-19 infections in Karnataka on Thursday breached the 30,000 mark as the state reported its biggest single-day spike of over 2,200 new cases and 17 related fatalities, taking the death toll to 486, the Health department said.

The day also saw a record 957 patients getting discharged after recovery, out of which 606 were from Bengaluru Urban.

Out of the 2,228 fresh cases reported on Thursday, a whopping 1,373 were from Bengaluru Urban alone.

The previous biggest single-day spike was recorded on July 8 with 2,062 cases.

As of July 9 evening, cumulatively 31,105 Covid-19 positive cases have been confirmed in the state, which includes 486 deaths and 12,833 discharges, the Health department said in its bulletin.

It said, out of 17,782 active cases, 17,325 patients are in isolation at designated hospitals and are stable, while 457 are in ICU.

"Death rate in Karnataka is 1.49 percent, while in Bengaluru is 1.28 percent, and our target is to bring it below 1 percent," Medical Education Minister K Sudhakar told reporters.

"The reason for spike in cases in Bengaluru and other places in recent days is because during the last four months of lockdown we had controlled it very well, but as we relaxed lockdown for economic activities we did not follow certain precautionary measures like distance among other things," he said.

The Minister also conceded that there were lapses on part of the government also in terms of tracing and tracking.

"It has to be improved especially in Bengaluru and we are taking steps in this regard."

Among the 17 dead seven were from Dharwad, two each from Hassan, Kalaburagi, Mysuru, and one each from Raichur, Uttara Kannada, Tumakuru and Davangere.

The deceased include 13 men and 4 women.

The dead are all either with a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI).

Out of 2,228 fresh cases today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 1,373, followed by Dakshina Kannada (167), Kalaburagi (85) and Dharwad (75).

Bengaluru urban district tops the list of positive cases, with a total of 13,882 infections, followed by Kalaburagi (1,901) and Dakshina Kannada 1,701.

Among discharges Bengaluru urban tops the list with total 2,834, followed by Kalabuagi (1,392) and Udupi (1,206).

A total of 7,79,209 samples were tested so far, out of which 20,028 were tested on Thursday alone.

So far 7,28,887 samples have been reported as negative, and of them 17,568 were reported negative today.

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News Network
February 6,2020

Mangaluru, Feb 6: A 40-day old child with cardiac condition was shifted to Bengaluru’s Jayadev Hospital from Father Muller Hospital in Mangaluru through a green corridor traffic.

Hospital sources said the ambulance carrying the 40-day old patient was provided Green Corridor by police department throughout the way.

Saiful Azhman, who is just 40-days old has been diagnosed with heart-related ailment. Doctors at FMMC hospital provided basic treatment to Saiful and advised that he be taken to Jayadeva hospital for advanced treatment.

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coastaldigest.com news network
May 20,2020

Mangaluru, May 20: In a gut-wrenching tragedy, a Class 10 student who was preparing for the final examinations drowned in Adyapady dam on the outskirts of the city yesterday.

The victim is Mallik, 17, a resident of Mulur village in Gurpur. The tragedy occurred when Mallik along with some others had come to the dam to catch fish.

According to the police, he accidentally slipped into the waters and drowned. His body was recovered later. 

Jurisdictional Bajpe police have registered a case of unnatural death and investigations are underway.

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