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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Press Release
January 2,2020

Mangaluru, Jan 2: Seven achievers from various fields including Kannada writer and thinker Boluvaru Muhammad Kunhi have been chose for ‘Sandesha’ Awards for the year 2020.

Announcing this at a press meet in the presence of Sandesha director Fr Francis Assisi Almeida, writer Na D’Souza said that the award ceremony will be held on 9 February 2020 at 5:30 pm at the Sandesha Premises.

Bishop of Ballari Diocese and president of Sandesha Foundation, Dr Henry D’Souza will preside over. President of Karnataka Sahitya Academy Dr B V Vasanth Kumar will be the chief guest. Bishop of Mangaluru Diocese Dr Peter Paul Saldanha and Bishop of Udupi Diocese Dr Gerald Isaac Lobo will be the guests. MLA of Mangaluru South Constituency Vedvyas Kamath and Film Music Director Cajetan Dais will be the guests of honour”.

Awards and Awardees

1. Sandesha Literature Award (Kannada)- Mr. Boluvaru Muhammad Kunhi

He was born in 1951at Puttur. He has secured gold medal in Kannada Post Graduation from Mysore University. At present he is retired and settled at Bangalore after serving 40 years in Syndicate Bank as an officer.

He is the only Indian writer conferred with Central Sahitya Academy twice (2010 & 2016) for creative prose. He is also the first ever Kannada writer conferred with `BalaSahityaPuraskar’ by Central Sahitya Academy. His epic 1,110-page opus named "Swathranthada Ota" (in English: The run for independence) released on 18 March 2012 at RavindraKalakshetra, Bangalore by the world famous Sarod artist Pandit Rajiv Taranath.

He worked as Senate Member in Hampi Kannada University, Kannada Sahitya Academyand KannadaPustakaPradhikara. He also worked as State president for `Samudaya’ Cultural Organisation, as Convener to BandayaSahityaSangha, as Edirot to GIANT (Syndicate Bank's House Magazine) KRISHILOKA (Syndicate Bank's Magazine), as member to RDC (Syndicate Bank's Rural Development Institute), Self-Employment Training Institute (RUDSETI- Dharmastala). He was the President for Kannada BelesiBalaga and ChitraSamudaya (Film Division)

2. Sandesha Literature Award (Konkani): Mr. ValliVagga (Mr. Valerian D Souza)

He was born at Vagga of BantawalTaluk of Dakshina Kannada in the year 1947. His pen name is ‘ValliVagga’. He was an industrialist and at present he is retired and continuing is service in literature. In 55 years of his service in the field of Konkani literature, he has written some 150 short stories, 140 poems and 120 articles in different papers, magazines and websites. Out of these articles, some 40 articles have been translated and published in different papers.

He has published 8 books and his Konkani drama “KhandhiKuris” has already had 13 exhibitions. He has been honoured by Karnataka Konkani Academy, Konkani Kutam Bahrain and Daiji Dubai and also he has worked at various capacities in the field of Konkani Literature.

3. Sandesha Media Award: Mr. Shiv Kumar

Professionally he is an engineer and living in Bangalore. For the last 32 years he has been running a magazine called “Aparanji” as an editor. Already he has written 12 books and through his jokes, literature and science he has been decimating information to the general public.  For his literary work in jokes, he has been awarded with Karnataka Sahitya Academy award.

4. Sandesha Konkani Music Award: Mrs. Helen D’Cruz

Mrs.Helen Correa was born in Africa to late Flora and Alexander Correa. In Mumbai Helen was working for women’s magazine Eve’s weekly and had the opportunity to meet some of the best Bollywood actors and singers notable among them GeetaDutt and Hemant Kumar. She has also worked closely with late DivyaniChaubal, writer-columnist and well-known film critic.

She is one of the greatest legends of Konkani stage who stood her own along with Bollywood fame Hemanth Kumar and SangeethSamrat Henry D’Souza. She is known for immortal Konkani hits like ‘Ye..Ye..Katrina’, ‘ChondremUdevnAilo’, ‘GharasoDivo’, ‘SuryachiKirnam’, and many more. Helen’s music journey from Africa–Mangalore–Mumbai-Kuwait-Mumbai is quite astonishing.

Helen had created a sensation in the Konkani music world with her melodious and mellifluous voice in the early 60s and 70s thus giving a big fillip to Konkani music. She was the first reputed Konkani female singer in Mumbai. “SuryachinKirnan” of Jerome D Souza was her first song in radio in 1961 and with that Helen the singer had arrived on the scene. She sang many songs with Alphonso D Costa and also with Henry D Souza.

Helen has also cut an album with Henry D’ Souza with some memorable songs like “ChandremUdevn”, “Sezari”, “GharachoDivo” and of course “Katrina”. Though all the songs were quite melodious and hummable Katrina song hit the bull’s eye. Helen recalls that in during the general elections in Goa the Katrina song had gained lot of fame. Helen also reached the zenith of her popularity with some of the evergreen numbers like “DaryachaDaryachaLarani”, written by Henry, “KalzanthUllasBhorla, BhovtinVaren Valla.” “NaamvmujeLeena”, “Sanjecha Velar” (both tunes by Helen). Helen has also written lyrics of the song “TuMaka”. Apart from Alphonso, Henry and Hemant Kumar, Helen has sung with Jerome D Souza and Henry Moraes (in plays).

5. Sandesha Art Award: Dr. K. S. Pavithra

She is Psychiatrist by profession. Not only she is a good physician and researcher but also a good dancer (Artist). She has done her studies in Bharatnatyam and presently teaching several students. She is the director of Shri Vijay Kalanikethan ® at Shimoga. She has performed various dance programmes at the international level too.

As a dancer and also as a coordinator she has performed many programmes at the national and international level. She has received regional, national and international awards and also she is one among the 25 artists selected by India to participate for the International Festival.

6. Sandesha  Teacher Award: Mrs. Justin D Souza

For the past five decades, as a head of the Siddaganga Education Institution at Davanagere, Mrs. Justin D Souza has served in the field of education along with areas of culture, sports, science and art. She has given prominence to her students to build the leadership in the society by providing them proper channels and avenues.

She has set an example to others by creating environment friendly school and worked hard to recognize her school as a ‘school free from waste materials’. She has been working as a member of several associations of literature and published a book by name “SiddagangeyaSiri”.

She has bagged several awards namely “SevaDhurine”, “Shikshana Shri”, “ShikshanaSiri”, “ShramikaMahile” “Sharada” “Avva” “Kayaka Shri”, “VratthiChaitanyaRatna”, “ShikshanaShiromani” “VidhyadhareSarsvathi” and so on. She has been honoured with Kannada Rajyostva Award too.

7. Sandesha Special Recognition Award- Achievement: Mr. Vincent Prakash Carlo:

For the past 31 years, he has been in the field of Body building and power lifting and he has represented India at International level and brought honour to the nation. He has been a great inspiration to the youth and others to get motivated to keep a healthy body by getting trained themselves under his effective training.

He is from Mangalore. He is a Body Builder and Power lifter. He has participated in 11 international competitions and bagged 2 Gold, 1 Silver and 2 bronze. He has participated in 24 National Level and 28 state level Competitions and bagged 28 Gold, 17 silver and 7 bronze medals.

He has been honoured twice with “Strong Man of India” and twice as “Strong man of South India”

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News Network
February 21,2020

Bengaluru, Feb 21: Amulya Leona, a college student, who raised to pro-Pakistan slogans to embarrass organisers of a protest against the Citizenship (Amendment) Act (CAA) here on Thursday evening, has been charged with sedition.

The student-activist, who was allowed to talk on stage, suddenly raised pro-Pakistan slogans. She was arrested by police after All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi snatched her mike.

Deputy Commissioner of Police Ramesh Bannoth confirmed the girl has been charged with sedition, provoking enmity between groups, and intentional insult to provoke breach of peace.

It was just after Mr. Owaisi’s arrival on the stage at Freedom Park here that the 19-year-old student was asked to speak. After preliminary remarks, she suddenly shouted “Pakistan zindabad” thrice, leaving the crowd and organisers stunned.

Some of the organisers rushed to her and tried to take the mike away and stop her from speaking further. Mr. Owaisi too joined in and snatched the mike. Holding on to the mike, the girl then went on to shout “Hindustan zindabad” twice, before a posse of police personnel and organisers whisked her away from the stage

Soon after the student was taken away, a visibly upset Mr. Owaisi told the crowd: “Whatever has been spoken [by the girl] is wrong. Neither my party nor I has any connection with it. As long as we are alive, we will be raising Bharat zindabad slogans. Never had we any relationship with Pakistan nor will we have anything in future,” he announced.

He further stated: “This is condemnable. The organisers should not have invited such people to this place. If I had known that these kind of things would be said here, I would not have come here.”

It is unfortunate that the organisers have invited such people and a wrong message is going out, he said. “Now, BJP has got an opportunity and will blame me,” he added.

Every speaker, who took the podium after the incident, condemned the pro-Pakistan slogans raised by Amulya.

Janata Dal (S) councillor representing Gurappanapalya, Imran Pasha, one of the organisers of the protest under “Hindu, Muslim, Sikh, Isayi Federation”, claimed that they had not invited the “activist” and were not aware that she would be speaking from the stage. Mr. Pasha said that such statements were “a deliberate attempt to drive a wedge between Hindus and Muslims”.

Meanwhile, the BJP State unit tweeted, “Truth is that protests against CAA are a joint venture between Pakistan and anti-National forces led by INC India.” In a press release, BJP State unit president Nalin Kumar Kateel termed this as an “anti-national act” and urged the police to take action.

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Ram Puniyani
February 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

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