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 25,2020

Chithradurga, Mar 25: COVID-19-positive cases in Karnataka jumped to 42 from 33 on Tuesday, with nine cases added to the list overnight. The daughter of G M Siddeshwara, Davanagere MP, is the latest case.

Sources from the Siddeshwara family said that the MP’s daughter, along with her two children, who started from Guyana, first landed at New York airport and from there, she took a flight to New Delhi.

From Delhi, she flew to Bengaluru. And then, she and her children travelled with her father in a chaffeur-driven car on March 21 to their house in Bheemasamudra.


Siddeshwara said that protocol for COVID-19 had been followed and all who returned were under self-quarantine at his house. However, the administration was not informed of her travel history till the samples were given for test, Chitradurga Deputy Commissioner Vinoth Priya R told TNIE. The DC said the test results of the MP’s daughter were collected by district health authorities and sent to Shivamogga Institute of Medical Sciences on March 22.

The test turned out to be positive for COVID-19 and she was shifted to the isolation ward at Chigateri district hospital in Davanagere. This is the first positive case in Chitradurga.The patient, who is the wife of an Indian Diplomat in Guyana, complained of flu-like symptoms and remained self-quarantined at her house at Bheemasamudra. Her condition was informed to the health department, which collected her samples and forwarded it to the SIMS for tests, results of which arrived on Tuesday evening.

The DC said that samples of family members including the two children, and those working at the MP’s house would be collected and sent for testing to ensure proper protocol is followed. The administration has declared a ‘red zone of a 5km radius around Siddeshwara’s house at Bheemasamudra. DHO Dr Palaksha said that the patient is not suffering any serious problems and is normal. However, we have put her in the isolation ward of Chigateri District Hospital in Davangere, he said.

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News Network
March 5,2020

Mar 5: The government on Thursday asserted that there is no shortage of raw ingredients or medicines in the country as it has taken various initiatives to tackle the challenge posed by the coronavirus outbreak.

All initiatives are also being taken to ensure that there is no impact of the disease in India, Minister of Chemicals and Fertilizers D V Sadananda Gowda said.

"There is no shortage of any APIs in the country. We have sufficient APIs (active pharmaceutical ingredients) and medicines in the country," he said.

Gowda was addressing the 5th international exhibition and conference on the pharmaceutical and medical industry organised by the Department of Pharmaceuticals, Gujarat government and industry chamber Ficci here.

For another three months there is no shortage for undertaking production in the pharma sector, he added.

"Our government has taken all initiatives to ensure that as far as our country is concerned the coronavirus should be stopped, and there is no hazard as far as this issue is concerned," Gowda reiterated.

Coronavirus is a challenge and "we should make all efforts that need to be taken..., " he added.

On Tuesday, India, the world's largest maker of generic drugs, restricted the export of common medicines such as paracetamol and 25 other pharmaceutical ingredients and drugs made from them, as it looks to prevent shortages amid concerns of the coronavirus outbreak turning into a pandemic.

Besides over-the-counter painkiller and fever reducer paracetamol, drugs restricted for exports included common antibiotics metronidazole, and those used to treat bacterial and other infections as well as Vitamin B1 and B12 ingredients.

A notification by the Directorate General of Foreign Trade (DGFT) had said the export of 26 active pharmaceutical ingredients (APIs) and formulations would require licence.

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News Network
April 26,2020

New Delhi, Apr 26: The Centre will bring back the Indian citizens stranded abroad due to the ban on arrival of international passenger aircraft, only if the respective states they belong to agree to allow them to come back home and make necessary arrangements to quarantine them after their return.

The Ministry of External Affairs (MEA) has started consultations with the State Governments on bringing back the Indians, who got stranded in the United States, United Kingdom, France, Italy, Canada and many other foreign countries due to the ban on arrival of international passenger aircraft to any airport in the country. The decision on facilitating their return to the country would be taken after getting feedback on preparedness of the States and the Union Territory to receive them following all required health precautions, Cabinet Secretary Rajiv Gauba said.

Gauba on Saturday had a video-conference with the Chief Secretaries of all States and Union Territories to review the implementation of the restrictions on travel and transport as well as the lockdown imposed across the country to contain the COVID-19 pandemic.

Though the Government earlier either evacuated or facilitated the return of nearly 28000 Indians from a number of foreign countries affected by the COVID-19 pandemic, it almost stopped doing so after the ban on arrival of international passenger aircraft was enforced on March 23 in the wake of the spurt in the number of COVID-19 cases in India.

Thousands of Indian students, tourists, professionals and others are stranded around the world, including in the countries, where respective governments had imposed lockdowns to contain the pandemic. They have been desperately requesting the government on social media to evacuate them.

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