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
March 2,2020

Udupi, Mar 2: The Kundapur police carried out raids at various clubs in Kundapur Sub-division limits and arrested around 50 persons involved in illegal gambling and seized Rs 2.5 lakhs from their possession, the police said on Monday.

According to the police, on Sunday night, based on credible information, the Kudapur Sub-division police led by ASP Hariram Shanker and team raided various clubs in Goliyangadi, Siddapur, Koteswar and Basrur where the accused were found gambling illegally.

All the clubs had taken court permission for recreation but were illegally indulging in gambling. They had also violated the court conditions and were involved in illegal gambling.

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News Network
March 4,2020

New Delhi, Mar 4: The Supreme Court on Wednesday directed a trial court in Ramanagara district of Karnataka to ensure the presence of absconding self-styled godman Swami Nithyananda to face trial in a 2010 rape case.

A bench headed by Chief Justice SA Bobde also allowed a plea by K Lenin alias Nithya Dharmananda, former driver of Nithyananda and had filed a complaint against Nithyananda, for cancellation of non-bailable warrants issued against him.

The apex court ordered the cancellation of the non-bailable warrants issued against the complainant in the case on the condition he shows up before the trial court in Ramanagara district today itself.

He had challenged the Karnataka High Court's February order where non-bailable warrants were issued against Lenin for not appearing before the court for recording evidence.

"Having heard the counsel appearing for the petitioner and upon perusal of the record, we see no reason to interfere with the judgment and order passed by the High Court, which merely directs the petitioner to give evidence in support of his complaint," read the apex court order passed on Tuesday.

The Bench also directed that "the concerned trial court shall make every effort to ensure the presence of accused (Nithyananda) to face the proceedings."

The Karnataka High Court had last month cancelled the bail granted to Nithyananda, even as the state police claimed the absconding godman was on a 'spiritual tour'.

Nithyananda is facing charges of rape and indulging in unnatural sex. He was arrested on April 22, 2010, however, granted bail on June 11, the same year.

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Agencies
January 15,2020

New Delhi, Jan 15: Suspended Deputy Superintendent of J&K Police Davinder Singh had ferried Hizbul Mujahideen terrorist Naveed Babu to Jammu last year also and facilitated his return to Shopian after "rest and recuperation", officials interrogating him said here Tuesday.

"Meri mati maari gayi thi (I must have lost my mind to do what I did)," an interrogator quoted Singh as saying after the DSP failed to impress them with his theory of catching a big terrorist.

Singh was arrested last Saturday along with Naveed Babu alias Babar Azam, a resident of Nazneenpora in South Kashmir's Shopian district, and his associate Asif Ahmad.

He is believed to have taken Rs 12 lakh for smuggling the two to Chandigarh for providing them accommodation for a couple of months, officials said. The officials, who have been spending considerable time questioning Singh, said there have been many inconsistencies in his statements and everything was being crosschecked and corroborated with the confessions of captured militants who have been kept in different rooms at an interrogation centre in South Kashmir.

During questioning it emerged that Singh had taken them to Jammu in 2019 also, the officials said.

In a tone laced with sarcasm, they said the DSP was taking the militants for "rest and recuperation".

Naveed told the interrogators that they used to stay in the hilly regions to avoid the J&K police and left the areas to escape harsh winters, they said.

The official said the DSP's bank accounts and other assets were being verified by the police and papers were being collected, amid speculations that the case may be handed over to the National Investigation Agency (NIA).

Going into the service history of Singh, majority of retired and serving officials of the JKP spoken to referred to a proverb -- coming events cast their shadows long before -- to say that if action had been taken against the officer during his probation period, such things would not have happened.

Recruited in 1990 as a sub-inspector, Singh along with another probationary officer were subject of an internal enquiry where some narcotics had been seized from a truck. However, the contraband was sold by Singh and another sub-inspector, the officials recalled.

There was a move to dismiss them from the service which was stalled by an Inspector General rank officer purely on humanitarian ground and the duo was shifted to the Special Operations Group, a team of policemen engaged in counter-militancy offensive.

However, he could not last there for long and was shifted this time to the police lines only to be rehabilitated in 1997 again in the SOG.

During this period, he was posted in Budgam and is alleged to have indulged in extortion for which he was sent back to the police lines.

His proper rehabilitation began in 2015 by the then Director General of Police K Rajendra, who posted him in district headquarters of Shopian and Pulwama, the officials said.

However, after some alleged wrongdoing during his stint in Pulwama, the then Director General of Police S P Vaid transferred him in August 2018 to the sensitive Anti-Hijacking Unit in Srinagar, though the move was opposed by some other officers.

An advocate, Irfan Ahmad Mir, was driving the vehicle when they were caught by the police on National Highway in Kulgam district.

The advocate, who has also been arrested, had travelled to Pakistan five times on an Indian passport.

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