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
January 27,2020

Bagalkote, Jan 27: The bank of Krishna River in front of Sangamantha Temple at Koodalasangama in Karnataka today witnessed the launch of women’s indefinite strike demanding liquor ban in the state.

Thousands of women from various parts of Karnataka have taken part in the strike being organised under the banner of 'Karnataka Madya Nisheda Andolana'.

The strike was launched to draw the attention of the state government to press for a complete ban on the sale of liquor across the state.

About 50 various organizations and religious pontiffs have extended their support for the strike. Food is being cooked on the bank of the river for the agitating women.

The women from Chikmagalur, Tumakuru, Raichur and Ballari districts are taking part in it.

Comments

SK
 - 
Tuesday, 28 Jan 2020

Change the Heading........

 

 

The protest is for Liquor ban and not against .......  Please edit the articles before posting

FAIRMAN
 - 
Monday, 27 Jan 2020

Thanks to God,

At least now, people wokeup., which should have been done immediattely after independence or during implementation of constitution.

 

Shame to men who drink more.

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News Network
June 4,2020

Bengaluru, Jun 4: All shops, offices, malls, commercial establishments and others in Karnataka must not allow Covid-stamped people to enter their premises before the completion of the prescribed quarantine time, said a top official on Wednesday.

"They should not allow those with quarantine stamp to enter before the end of their quarantine period or till they get current Covid negative test report," ordered Chief Secretary T.M. Vijay Bhaskar.

Bhaskar has also issued the order to all religious places, hotels and others to first check for quarantine stamp on all their customers or visitors before they enter the premises.

"All shops, commercial establishments, offices, factories, malls, religious places, hotels and etc.. are required to check for quarantine stamp on all their customers or visitors before they enter the premises," he said.

In the event of a violation, Bhaskar said the police should be informed at 100.

He issued the same order to the general public and resident welfare associations asking them to be vigilant.

"General public and resident welfare associations are advised to report any violation of the quarantine in their neighbourhood to the police at telephone number 100," said the chief secretary.

The orders came under the head aRole of general public, resident welfare associations and commercial establishments''.

General public, commercial establishments and resident welfare associations have been empowered to report quarantine violations at a time when many activities are set to reopen from June 8 as part of Unlock - 1, after more than two months of lockdown.

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News Network
April 17,2020

Bengaluru, Apr 17: Karnataka on Thursday inked an agreement with the Sri Sri Ravi Shankar-led Art of Living to rejuvenate water sources and improve groundwater recharge in nine districts.

Rural Development & Panchayat Raj (RDPR) Minister KS Eshwarappa held talks with Ravi Shankar on the project. The partnership seeks to take up works through funds available under the Mahatma Gandhi National Rural Employment Guarantee Act (NREGA).

The project proposes to take up works in Shivamogga, Udupi, Uttara Kannada, Chitradurga, Ballari, Kolar, Yadgir, Kodagu and Tumakuru districts. Under NREGA, works such as construction of check dams, construction of contours, bunds and so on will be commissioned.

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