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
May 3,2020

New Delhi, May 3: The Indian Council of Medical Research (ICMR) has crossed over one million RT-PCR tests for COVID-19 on Saturday evening marking a big landmark, ICMR officials said.

"We have tested about 10,40000 tests till Saturday evening. In a few days, we have increased our testing capacity. ICMR has been doing more than 70,000 tests in the last two consecutive days," he said.

On Saturday, ICMR released that a total of 976363 samples have been tested till date. From May 1 till evening on Saturday, 1,37,346 tests were done.

The top three states which are doing vigorous testing includes--Maharashtra, Tamil Nadu and Rajasthan. As on date, these three states have conducted more than one lakh test respectively.

However, Andhra Pradesh, Uttar Pradesh, Karnataka and Delhi still need to ramp up their testing capacity.

ICMR has always emphasised that the confirmatory test for diagnosis of COVID-19 infection is RT-PCR test of the throat and/or nasal swab, which detects virus at an early stage. Recently, Dr GS Toteja, Additional Director General of ICMR had said that to contain coronavirus infection, RT-PCR tests must be continued vigorously as the principal diagnostic tests.

RT-PCR tests are now available in 310 government laboratories and 111 private set up across the country.

On Friday, the Centre informed that ICMR has ordered 21.35 lakh diagnostic kits. As on date, India has reported about 37,776 confirmed coronavirus cases and 1223 deaths.

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News Network
March 6,2020

Bengaluru, Mar 6: The Karnataka Congress on Thursday termed the budget for fiscal 2020-21 presented by the B.S. Yediyurappa government as the "weakest ever state budget".

"This is the weakest budget ever that our state has had. There is no clear cut provision in the budget for industrial growth or to generate jobs. No clarity on department wise allocation," tweeted Congress.

Congress leader Dinesh Gundu Rao said he did not expect such a bad budget which has discriminated on agriculture and education sectors.

"The state budget does not mention major irrigation projects like Kaveri valley and Krishna. No farmers loan waiver," noted Rao.

The opposition party has criticised the ruling Bharatiya Janata Party (BJP) that the potential of Karnataka was not realized to generate revenue through this budget.

Assailing the additional tax on petrol and diesel, Congress said the development will lead to price rise and is a huge disappointment.

"People are reeling under high inflation and reduction in income. BJP has rubbed salt into injury by further increasing prices and providing no relief to common man," said the party.

Bhalki MLA and Karnataka Pradesh Congress Committee working president Eshwar Bhimanna Khandre pointed out that the Centre gave the state only Rs 1,869 crore, despite a loss of Rs 35,160 crore in 2019.

Calling stamp duty reduction for housing within Rs 20 lakhs as an insult to people, Congress questioned the Chief Minister and BJP to first show where in Bengaluru does one get housing within Rs 20 lakh.

"This is mockery of people. No mention or allotment to universal housing programme that Congress government had delivered," claimed Congress.

Focusing on Karnataka capital Bengaluru, Congress slammed the BJP saying no proper revenue policy has been mooted.

"Last mile connectivity issue not addressed. Drinking water issue is not mentioned. No mention of peripheral ring road. No mention of Akrama-Sakrama and no thought process has gone in while planning Bengaluru," tweeted the party.

The party said Yediyurappa has admitted that there is a financial crisis in his budget speech.

"He admits Rs 8,883 crore aid has been cut, around Rs 11,000 crore state share from Centre has been cut. No additional allocation for flood relief. What is stopping him and 25 members of Parliament to question the centre," observed Congress.

Former chief minister Siddaramaiah mocked Yediyurappa that though he calls himself a farmer''s son, he delivered an anti-farmer budget.

"No one will benefit from this budget. A complete failure to boost the economy, to realize inclusive development and to improve standard of living," he tweeted.

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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