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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 23,2020

Bewngaluru, Jun 23: Karnataka Chief Minister B S Yediyurappa on Tuesday said Covid-19 related fatalities in the state was far less compared to other major states, as he called on people and front line corona warriors infected by the virus not to lose courage.

The Chief Minister made the statement following the alleged suicide of a constable attached with the Karnataka State Reserve Police after he tested positive for Covid-19. "The total number of COVID related deaths in the state is very less compared to other major states.

There is no reason for any infected citizen or government employees to lose courage. The government is always with you," a tweet on the Chief Minister's official twitter handle said.

Of the total of 14,011 deaths reported so far, Maharashtra accounted for the highest with 6,283 fatalities, followed by Delhi with 2,233, Gujarat with 1,684 and Tamil Nadu with 794.

Acknowledging that police form the frontline of corona warriors and were working putting their lives at stake, he said a special Covid-19 testing center is being set up for them and all measures will be taken to provide the best treatment for those infected.

As of June 22 evening, cumulatively 9,399 Covid-19 positive cases have been confirmed in the state, which includes 142 deaths and 5,730 discharges.

The constable, aged about 50 years, was attached with the Karnataka State Reserve Police and was said to be depressed after getting tested positive for Covid-19, sources said.

Expressing condolence over his death, another tweet on the Chief Minister's handle said he has directed officials to to provide all necessary compensation and facilities to the family of the deceased at the earliest. Bengaluru has in the last few days has seen a spike in the number of police personnel getting infected by the virus. At least 74 of them have tested positive in the city and are undergoing treatment, while three have died so far, official sources said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 8,2020

Meerut, Jan 8: Hangman Pawan Jallad, who officials say is being considered to carry out the execution of the four Nirbhaya gangrape case convicts, on Tuesday said he is ready for the job which will send out a strong message in the society.

He said executing those who were involved in the horrific crime will bring "great relief" to him, Nirbhaya's parents and everybody else.

Earlier in the day, a Delhi court issued death warrants against all the four convicts in the Nirbhaya gangrape-murder case and ordered that they are hanged on January 22 at 7 am in Tihar jail.

The death warrant, also known as a black warrant, addressed to the office of the Tihar jail chief, was issued by Additional Sessions Judge Satish Kumar Arora against Mukesh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31).

"I do not have any information regarding the execution, nobody has spoken to me yet. If anyone approaches me, I am ready to do the job. Earlier, I was asked to be ready for the execution on December 16," Pawan Jallad told reporters here.

"Those who were involved in this brutal incident must be hanged, which will send out a strong message in the society," he said.

"Hanging the Nirbhaya gangrape case convicts will certainly bring great relief to me, her parents and everybody else," he added.

Nirbhaya, a 23-year-old paramedic student, was gang-raped and brutalised on the intervening night of December 16-17, 2012, inside a moving bus in south Delhi by the four men, along with two others, before being dumped on the road.

She died on December 29, 2012, at Mount Elizabeth Hospital in Singapore.

Of the six persons convicted, one allegedly committed suicide in jail and another, a juvenile, was released from a reformation home after serving a three-year term.

When contacted, Jail Superintendent of Meerut prison V P Pandey said he has not yet received any letter from Tihar authorities.

"Last month, we had received a letter asking us to keep Pawan Jallad ready but there is no fresh communication. The Delhi court warrants were issued this evening, maybe we will get the letter for sending him by tomorrow (Wednesday)," he said.

The gangrape of 23-year-old, who came to be known as 'Nirbhaya', the fearless one, sparked outrage across the country. Repulsed, people took to the streets across the country, demanding justice for her and better safety measures for women.

The case led to toughening of India's rape laws.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 28,2020

Nagpur, Jan 28: A 19-year-old woman was allegedly raped and an iron rod was inserted in her private parts by a man in the Pardi area here, police said on Monday.

The gruesome incident took place on January 21 and the accused, Yogilal Rahangdale (52), was arrested from Gondia district, they said.

The accused was working as a supervisor in a spinning mill where the woman was employed as a labourer, the police said.

The woman, her brother, the accused and another girl lived in rented accommodations in Pardi.

Inspector Sunil Chavan of the Pardi police station said that the woman's brother and her female friend had gone to their village on January 21 for some work.

As the woman was alone at home, Rahangdale attempted to rape her in the night. When she resisted, he stuffed a piece of cloth in her mouth, he said.

When she fell unconscious, the accused raped her and inserted an iron rod in her private parts, Chavan said, quoting from the complaint filed by the victim.

She narrated the incident to her brother on January 24 and they subsequently lodged a complaint with the police.

An offence was registered against the accused at the Pardi police station.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.