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 27,2020

Benagluru, Feb 27: The sudden hike in bus fares by the state-run transport corporation has triggered a public outrage and protests by the opposition Congress and the Janata Dal-Secular (JD-S) in Karnataka.

Terming the hike as anti-people and inflationary, the Congress urged the ruling BJP to withdraw it forthwith and spare the commuters from the additional burden.

"KSRTC and its affiliates should not further burden the people when the cost of living has gone up and its bus service is used by the majority in the absence of trains in many regions of the state," said Ravi Gowda of the Congress.

In a surprise announcement on Tuesday night, the Karnataka State Road Transport Corporation (KSRTC) and its two affiliates -- North Eastern Karnataka Road Transport Corporation (NEKSRTC )and North Western Karnataka Road Transport Corporation (NWKSRTC) -- increased bus fares by 12% with effect from Wednesday, drawing the ire of commuters and opposition parties alike.

Condemning the fare hike, JD(S) leader and former Chief Minister H D Kumaraswamy urged the KSRTC to roll back the revised fares and give relief to the common man reeling under price rise due to CGST, SGST and food inflation.

"The BJP government has deliberately increased the bus fare ahead of the state budget for 2020-21 fiscal on March 2, catching people unawares. Though student passes have been spared from the hike, regular passengers are forced to pay Rs 5-32 more instead of getting better efficiency, management and productivity," Kumaraswamy said in a statement in Bengaluru.

It's an additional burden on us, said Bengaluru resident K. Venkatesh, while adding,

"The 12 percent hike in bus fares by the KSRTC and its north-east and north-west affiliates from Wednesday will hit passengers hard and make commuting costly.”

"The fare hike will negate the state government's efforts to encourage public transport service and force passengers to travel on the train, which is cheaper, faster and safer," asserted Venugopal Gupta, a cloth merchant in the city.

Justifying the hike, KSRTC Managing Director Shivayogi Kalasad told media that the hike was inevitable due to the steady increase in diesel price, dearness allowance in staff salary and overall cost of operations.

"Since the last fare revision came in May 2014, the operational cost has gone up substantially due to Rs 11.27 per litre hike in diesel price, increase in DA to employees and repairing, maintenance and fleet management costs," Kalasad said.

The financial burden due to fuel price hike is Rs 261 crore, DA Rs 341 crore and operational cost Rs 601 crore per annum for KSRTC alone, he said.

"For the benefit of rural passengers, fares have been reduced to Rs 5 from Rs 7 for the first 3 km. There is no increase in fares for the first 12 km and up to first 6 km in express service," Kalasad added.

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coastaldigest.com news network
March 29,2020

Mangaluru, Mar 29: Mosques across Karnataka are now turning into centers to create awareness against deadly coronavirus that cause Covid-19. 

The state government's board of auqaf has issued a notification to the administrations of all mosques to use their loud speakers to create awareness against the virus. 

All the mosques in the state have already suspended congregational prayers to prevent the spread of the virus.

As per the decision of the state board of auqaf, now all mosques have to play the audio clips that creates awareness against the virus in three languages. 

The clips will be played at 10 a.m., 4 p.m., 6 p.m. and 8 p.m. everyday.

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Mr Frank
 - 
Monday, 30 Mar 2020

Also need to make call on all prayer places temples and churches to live with humanity without violence. 

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News Network
May 27,2020

In a development which highlights the diversity in the United Kingdom’s legal system, a 40-year-old Muslim woman has become the first hijab-wearing judge in the country.

Raffia Arshad, a barrister, was appointed a deputy district judge on the Midlands circuit last week after 17-year career in law.  

She said her promotion was great news for diversity in the world’s most respected legal system. She hopes to be an inspiration to young Muslims.

Ms Arshad, who grew up in Yorkshire, north England, has wanted to work in law since she was 11.

Ms Arshad said the judicial office was looking to promote diversity, but when they appointed her they did not know that she wore the hijab.

‘It’s definitely bigger than me,” she told Metro newspaper. "I know this is not about me.

"It’s important for all women, not just Muslim women, but it is particularly important for Muslim women."

Ms Arshad, a mother of three, has been practising private law dealing with children, forced marriage, female genital mutilation and other cases involving Islamic law for the past 17 years.

She was the first in her family to go to university and has also written a leading text on Islamic family law.

Although the promotion by the Lord Chief Justice was welcome news for her, Ms Arshad said the happiness from other people sharing the news was “far greater”.

“I’ve had so many emails from people, men and women," she said.

"It’s the ones from women that stand out, saying that they wear a hijab and thought they wouldn’t even be able to become a barrister, let alone a judge."

Ms Arshad is regularly the subject of discrimination in the courtroom because of her choice to wear the hijab.

She is sometimes mistaken for a court worker or a client.

Ms Arshad said that recently she was asked by an usher whether she was a client, an interpreter, and even if she were on work experience.

“I have nothing against the usher who said that but it reflects that as a society, even for somebody who works in the courts, there is still this prejudicial view that professionals at the top end don’t look like me,” she said.

A family member once advised her to not wear a hijab at an interview for a scholarship at the Inns of Court School of Law in 2001, warning that it would affect her chances of landing the role.

“I decided that I was going to wear my headscarf because for me it’s so important to accept the person for who they are," Ms Arshad said.

"And if I had to become a different person to pursue my profession, it’s not something I wanted.”

The joint heads of St Mary’s Family Law Chambers said they were “delighted” to hear the news of her appointment.

“Raffia has led the way for Muslim women to succeed in the law and at the bar, and has worked tirelessly to promote equality and diversity in the profession,” Vickie Hodges and Judy Claxton said.

“It is an appointment richly deserved and entirely on merit, and all at St Mary’s are proud of her and wish her every success.”

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