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
July 10,2020

Bengaluru, Jul 10: Accredited Social Health Activist (ASHA) workers under the All India Trade Union Congress (AITUC) on Friday held protests in different parts of Karnataka, demanding personal protective equipment (PPE) kits and a salary of at least Rs 12,000 per month.

According to Madhu Kumari, an ASHA worker from Kalaburgi, ASHA workers currently receive a salary of Rs 3,000 per month.

"Our demand is to increase our wages to at least Rs 12,000 per month. We have been making this demand for the last six months but we have not received any response from the authorities. We will not go back to work until we are given an appropriate response. We did not want to create a difficult situation but the government has given us no choice," Kumari told ANI.

Clad in their signature pink saris, the women were holding posters in their hands and raising slogans to demand appropriate salary for their work and the necessary equipment to protect themselves from the ongoing COVID-19 pandemic.

Farhana, an ASHA worker protesting in Shivamogga, said that the women have been making demands for PPE kits since June 30. "We have been taking care of COVID patients for the last few weeks but have not received adequate PPE kits. A few of us received some in the beginning but they were not enough. We are not even given hand sanitiser or masks to protect ourselves," she added.

"We have sent letters to the District Commissioner's Office and to the Ministry of Health and Family Welfare but our pleas have gone unheard. We are protesting to get the attention of the concerned authorities," she added.

They also demanded that authorities to conduct their COVID-19 tests as they have to deal with patients infected with the virus.

Sajida, an ASHA worker in Kalaburagi said, "We are very stressed about the COVID situation. We take care of sick people day in and day out, but no one is there to take care of us. We want the government to conduct COVID tests for all ASHA workers in the state."

Comments

Angry bakth
 - 
Sunday, 12 Jul 2020

ASHA worker its better to sleep in home instead of working and risking your life, 3000 rupes is nothing...who can work home....government of indian is one of the namarad and currupt, you wont get any hike...

 

poor people will survive this COVID but not the rich currupt politician, let them die like dog

 

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News Network
June 16,2020

Bengaluru, Jun 16: Continuing easing of restrictions under 'unlock-1,' the Karnataka government has allowed shooting and production of films and television programmes in the state.

In a clarification, Principal Secretary Revenue N Manjunath Prasad said, shooting and production of all films and television programmes that were stopped in between due to lockdown can be allowed.

It is also allowed to continue with the post-production activities of film and television programmes after completing the shooting, it said.

The permission is conditional as it is subjected to adhering of the national directives issued in connection with the COVID-19 pandemic, and standard operating procedures prescribed by the Department of Information and Public Relations.

The clarification said permission can be given as film and television shooting and production activities are not banned under guidelines issued by the centre and the state government recently.

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News Network
March 2,2020

New Delhi, Mar 2: Senior Congress leader P Chidambaram on Sunday hit out at Union Home Minister Amit Shah for his comments that no one from the minority community will be affected by amended Citizenship Act and asked why then was the community excluded from the law in the first place.

Addressing a rally in Kolkata, Shah assured people of the minority community that not a single person will lose citizenship due to the Citizenship (Amendment) Act (CAA).

"The Home Minister says that no minority will be affected by CAA. If this is correct, they should tell the country who would be affected by CAA. If no one would be affected by CAA, as it currently is, why did the government pass the law?

"If the CAA aims to benefit all minorities (no one will be affected, says HM), then why are Muslims excluded from the list of minorities mentioned in the Act?," the former finance minister asked in a post on Twitter.

At his first public rally in Kolkata after the 2019 general elections, Shah said, "The opposition is terrorising the minorities. I assure every person from the minority community that the CAA only provides citizenship, does not take it away. It won't affect your citizenship."

"The opposition parties are spreading canards that refugees will have to show papers but this is absolutely false. You don't have to show any paper. We will not stop until all refugees are granted citizenship," Shah told the public.

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