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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Agencies
July 3,2020

New Delhi, Jul 3: The aviation regulator DGCA said on Friday it was extending the suspension of scheduled international passenger flights in the country till July 31 but added that some international scheduled services on selected routes may be permitted on a case to case basis.

Scheduled international passenger flights were suspended in India on March 23 due to the coronavirus pandemic.

Modifying its June 26 circular that stated that scheduled international passenger flights will remain suspended till July 15, 2020, the regulator stated on Friday it has decided to extend the deadline to July 31, 2020.

However, international scheduled flights may be allowed on selected routes by the competent authority on a case to case basis,” said the circular by the Directorate General of Civil Aviation (DGCA).

Air India and other private domestic airlines have been operating unscheduled international repatriation flights under the Vande Bharat Mission, which was started on May 6 by the Central government.

India resumed scheduled domestic passenger flights on May 25, after a gap of two months.

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News Network
April 7,2020

Bengaluru, Apr 7: Leader of Opposition in Karnataka Siddaramaiah on Monday urged Chief Minister B S Yediyurappa to announce a special package to help farmers, agriculture labourers and also working class in various sectors who are affected by the lockdown.

Mr Siddaramaiah put forth his demands during a telephonic conversation and the Chief Minister positively responding to it informed that he will formulate a programme keeping in mind the suggestions made by the Opposition, a statement from the LoP's office said.

It said, the Chief Minister also spoke to Mr Siddaramaiah regarding the government's decision to stop supply of free food for poor and needy through Indira Canteens.

Mr Siddaramaiah on Saturday had written to Yediyurappa urging him to utilise Indira Canteens efficiently and provide food for poor and needy until the coronavirus crisis and lockdown is over.

The former Chief Minister's letter had come a day after the state government had decided not to provide free food at Indira Canteens as concerns were raised about the quality and misuse that was happening.

It had, however, decided to continue to provide subsidised food- breakfast at Rs 5 and lunch and dinner at Rs 10, as usual.

Mr Yediyurappa during the phone conversation on Monday appraised Siddaramaiah that the decision to supply food by fixing a price was taken to stop misuse that was happening.

Mr Siddaramaiah, however, insisted the government should provide food free of cost to the poor and needy, by taking care that misuse doesn't happen.

The senior Congress leader asked the Chief Minister to take action against errant officials who allowed misuse to happen, the statement said, adding that Yediyurappa has promised to look into it.

Initially, the government last month had decided that the state subsidised Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

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Agencies
February 20,2020

New Delhi, Feb 20: Microsoft has begun testing its free open-source software called "ElectionGuard" in a small Wisconsin town in the US that aims to make voting more secure, verifiable and efficient.

"ElectionGuard" will enable end-to-end verification of elections, open results to third-party organisations for secure validation, and allow individual voters to confirm their votes were correctly counted.

It enables government entities, news outlets, human rights organisations or anyone else to build additional verifiers that independently can certify election results have been accurately counted and have not been altered, according to the company.

The software would create a paper trail and assure voters their votes were properly tallied.

"On Tuesday, Fulton residents are using the technology while choosing who will join the local school board and hold a seat on Wisconsin's state Supreme Court," reports CNBC.

With the test, the company aims to see if voters like the experience and make sure everything works fine.

In May last year, Microsoft CEO Satya Nadella announced "ElectionGuard".

According to Tom Burt, Corporate Vice President, Customer Security and Trust, voting system manufacturers will be free to build ElectionGuard into their systems in a variety of ways.

"These are exciting steps that enable individual voters to confirm their vote was properly counted, and assures those voters using an ElectionGuard system of the most secure and trustworthy vote in the history of the US," Burt said in a recent blog post.

"ElectionGuard" is not intended to replace paper ballots but rather to supplement and improve systems that rely on them, and it is not designed to support internet voting.

The software provides each voter a tracker with a unique code that can be used to follow an encrypted version of the vote through the entire election process via a web portal provided by election authorities.

During the process of vote-casting, voters have an optional step that allows them to confirm that their trackers and encrypted votes accurately reflect their selections.

But once a vote is cast, neither the tracker nor any data provided through the web portal can be used to reveal the contents of the vote.

After the election is complete, the tracker codes can be used by voters to confirm that their votes were not altered or tampered with and that they were properly counted, said Microsoft.

On the security front, "ElectionGuard" uses something called homomorphic encryption - which enables mathematical procedures "like counting - to be done with fully encrypted data".

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