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
February 29,2020

New Delhi, Feb 29: The father of Intelligence Bureau staffer Ankit Sharma, whose body was pulled out of a drain in northeast Delhi's riot-hit Chand Bagh, complained to police that goons had assembled at the residence of former AAP counselor Tahir Hussain and were throwing petrol bombs from the rooftop.

According to the FIR which was registered on Thursday on the basis of the complaint lodged by Ankit's father Ravinder, the goons were also firing from the rooftop.

On Tuesday, Ankit returned from his office at 5 pm and then went outside to buy groceries. When he did not return, the family started looking for him and later filed a missing report, the FIR stated.

They got to know from their neighbours that a body has been recovered from a drain… later it was found to be that of Anikt, it said, adding the body had multiple stab injuries on the face, head, back, and chest.

The family has alleged in the FIR that it was Hussain and the goons at his residence who killed Ankit. In the FIR, Hussain has been accused of murder, destruction of evidence and abduction.

Soon after the FIR was registered on Thursday, the AAP suspended Tahir Hussain from the primary membership of the party till the police completed its probe.

The death toll in Delhi's communal violence rose to 42 on Friday as the situation showed some signs of returning to normalcy and clouds of smoke cleared to reveal the extent of the damage from the worst riots in the city in over three decades.

A total of 148 FIRs have been registered and 630 people have been either arrested or detained so far in connection with the communal violence, a Delhi Police spokesperson said.

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Business Desk
June 2,2020

The covid-19 lockdown has thrown wedding plans in disarray in coastal Karnataka like all other activities involving a crowd of people. While many people chose to postpone the scheduled and about to be scheduled weddings, some are going ahead with scheduled plans and holding weddings with no more than 50 guests as per the guidelines issued by the government of Karnataka. 

The government may relax the norms and allow participation of more guests in the future. However, holding wedding ceremonies will be a new challenge when people are returning to a ‘new normalcy.’ Compared to the traditional wedding ceremonies of the region, marriages in the time of Covid-19 are expected to be smaller as the organizers have to adhere to the safety protocol and safe distancing norms. Given this situation, to limit risks and ensure safety, families now will have to consider wedding planners to help them celebrate their weddings.

“The postponed weddings will take place in the coming days as the lockdown is being relaxed in a phased manner. However, it won’t be like our traditional weddings. There won’t be 3000 guests.  Government directives will be have followed. We expect change in trend from big fat weddings to a small, close family, picture perfect weddings,” says Sartaj Beary, Managing Partner, Zawaj Weddings and Events.

“Our curetted packages will take care of wedding invitations, outdoor venue, premium catering, bridal make up, mehendi function, photography, videography, décor, thermal scanning systems, hand sanitizers and N 95 masks etc. We hope with our experiences we can offer stress free celebration to the families while we plan everything from scratch as per client requirement,” he assures.

“Ultimately, our society has to adopt an innovative way of marriage. At this point, we can say that any wedding in 2020 will look different as the novel coronavirus has disrupted the weddings everywhere. We know it is a big milestone for families and we at Zawaj are here to assure families that we can help a stress free wedding,” he adds.

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Wedding planners and caterers will have to ensure systematic safety protocol, safe and responsible operations, preparation of the food, event crew and vendors safe zone, sanitized kitchen, transportations. Even buffet settings will change to include smaller but multiple cuisines, self serving stations, markings on line to maintaining safe distance at the food counters.

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News Network
March 3,2020

Bengaluru, Mar 3: Bengaluru mayor Gautam Kumar on Tuesday said that the decision to ban protests in front of Town Hall was made by the council and not only by him.

"The decision to ban the protest in front of the Town Hall was made by the entire council and not only my decision. Also, the things which are approved by the councillor are also read by the ruling party leaders," Bengaluru mayor told media.

"Still it is the discretion of the Commissioner to take a call after the council also. As of now, we have banned any protests in front of Town Hall," he added.

Meanwhile, Congress leaders staged a protest against Bruhat Bengaluru Mahanagara Palike (BBMP) Mayor Gautam Kumar and BJP at Council BBMP building against the decision.

"If people will start protesting, it will badly affect the traffic of the city," said Kumar, while commenting on the protest. If they want to talk about the matter, let us have a healthy discussion. I don't have a problem with and I don't think the ruling party has a problem too," he added.

On Sunday, pro-Kannada activist and former MLA Vatal Nagraj staged a protest in front of Sir KP Puttanna Chetty Town Hall (Bangalore Town Hall) against the decision taken by Bengaluru mayor.

Talking to reporters, Nagraj had said: "He does not know the history of the Town Hall. It is a historic building and protests can be staged there."

"Mayor's decision is against Bengaluru's tradition and culture, that's why we are condemning it and are protesting against this decision. We will not allow Mayor's programs in Bengaluru and he will be shown black flags", he added.

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