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
June 7,2020

New Delhi, Jun 7: India registered its highest single-day spike of COVID-19 cases for the fifth consecutive day on Sunday, with 9,971 new infections taking the country's tally to 2,46,628, while the death toll rose to 6,929, according to the Union Health Ministry.

India registered 287 deaths in the 24 hours since Saturday morning.

India had raced past Spain on Saturday to become the fifth worst-hit nation by the COVID-19 pandemic. Now, only the US, Brazil, Russia and the UK are ahead of it.

The number of active COVID-19 cases stands at 1,20,406, according to the Health Ministry.

A total of 1,19,292 people have recovered and one patient has migrated, the Ministry said.

During the last 24 hours, a total of 5,220 COVID-19 patients have been cured, the ministry said.

"Thus, around 48.37 per cent patients have recovered so far," a senior ministry official said.

The tally of confirmed cases includes foreigners.

The Indian Council of Medical Research has further ramped up the testing capacity for detecting the novel coronavirus in infected persons.

The number of government labs has been increased to 531 and private labs to 228, taking the total number of labs to 759.

As many as 1,42,069 samples were tested in the last 24 hours, taking the total number of samples tested till now to 46,66,386.

Deaths in India per lakh population (0.49) are much lower than the world average of 5.17 and are the lowest among countries that have eased lockdown such as Germany (10.35), Italy (55.78), the UK (59.62) and Spain (58.06), as per a WHO situation report cited by the Health Ministry.

Cases in India per lakh population (17.32) are much lower than the world average of 87.74 and are the lowest among countries that have eased lockdown such as Germany (219.93), Italy (387.33), the UK (419.54) and Spain (515.61).

Of the 287 deaths reported since Saturday morning, 120 were from Maharashtra, 53 from Delhi, 29 from Gujarat, 19 from Tamil Nadu, 17 from West Bengal, 15 from Madhya Pradesh, 13 from Rajasthan, 10 from Telangana, three from Jammu and Kashmir, two each from Karnataka, Punjab and Chhattisgarh and one each from Kerala and Bihar.

Of the total 6,929 fatalities, Maharashtra tops the tally with 2,969 deaths, followed by Gujarat with 1,219 deaths, Delhi with 761, Madhya Pradesh with 399, West Bengal with 383, Uttar Pradesh with 257, Tamil Nadu with 251, Rajasthan with 231, Telangana with 123 and Andhra Pradesh with 73 deaths.

The death toll reached 59 in Karnataka and 50 in Punjab.

Jammu and Kashmir has reported 39 fatalities due to the disease, Bihar has 30, Haryana has 24 deaths, Kerala has 15, Uttarakhand has 11, Odisha has eight and Jharkhand has reported seven deaths so far.

Himachal Pradesh and Chandigarh have registered five COVID-19 fatalities each. Assam and Chhattisgarh have recorded four deaths each.

Meghalaya and Ladakh have reported one COVID-19 fatality each, according to the Health Ministry data.

According to the Ministry's website, more than 70 per cent of the deaths are due to comorbidities.

The highest number of confirmed cases in the country are from Maharashtra at 82,968, followed by Tamil Nadu at 30,152, Delhi at 27,654, Gujarat at 19,592, Rajasthan at 10,331, Uttar Pradesh at 9,733 and Madhya Pradesh at 9,228, according to the Health Ministry data updated in the morning.

The number of COVID-19 cases has gone up to 7,738 in West Bengal, 5,213 in Karnataka, 4,915 in Bihar and 4,510 in Andhra Pradesh.

It has risen to 3,952 in Haryana, 3,496 in Telangana, 3,467 in Jammu and Kashmir and 2,781 in Odisha.

Punjab has reported 2,515 coronavirus infections so far, while Assam has 2,397 cases. A total of 1,807 people have been infected with the virus in Kerala and 1,303 in Uttarakhand.

Jharkhand has registered 1,000 cases, Chhattisgarh has 923, Tripura has 747, Himachal Pradesh has 400, Chandigarh has 309 cases, Goa has 267, Manipur has 157, Nagaland has 107, and Puducherry and Ladakh have 99 cases.

Arunachal Pradesh has 47 COVID-19 cases, while Andaman and Nicobar Islands and Meghalaya have registered 33 infections each.

Mizoram has reported 24 cases and Dadar and Nagar Haveli has 19 cases, while Sikkim has reported seven cases till now.

"8,605 cases are being reassigned to states," the Ministry said on its website adding, "our figures are being reconciled with the ICMR."

State-wise distribution is subject to further verification and reconciliation, it added.

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News Network
March 6,2020

New Delhi, Mar 6: Union Finance Minister Nirmala Sitharaman on Friday will move the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019 for consideration and passing in Lok Sabha.

In December last year, the Union Cabinet had approved a proposal to promulgate an ordinance to amend the Insolvency and Bankruptcy Code (IBC) 2016.

The amendments will remove certain ambiguities in the IBC 2016 and ensure smooth implementation of the code, an official statement said.

The move is aimed at easing the insolvency resolution process and promoting the ease of doing business. Aimed at streamlining of the insolvency resolution process, the amendments seek to protect last-mile funding and boost investment in financially-distressed sectors.

Under the amendments, the liability of a corporate debtor for an offence committed before the corporate insolvency resolution process will cease.

The debtor will not be prosecuted for an offence from the date the resolution plan has been approved by the adjudicating authority if a resolution plan results in change in the management or control of the corporate debtor to a person who was not a promoter or in the management or control of the corporate debtor or a related party of such a person.

The amendments are aimed at providing more protection to bidders participating in the recovery proceedings and in turn boosting investor confidence in the country's financial system.

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News Network
February 1,2020

New Delhi, Feb 1: An extremist today fired shots at anti-CAA protesters at Shaheen Bagh in Delhi, just three days after another extremist fired at protesters at nearby Jamia Millia University. This is the second daylight shooting in which the police caught the man only after the shots were fired.

The man, apparently a fan of BJP leaders including Narendra Modi and Amit Shah, shouted "Jai Sri Ram" as he fired shots standing near police barricades put up at the south Delhi locality where hundreds of women and children have sat on the road in protest for more than a month. He was caught by the police. No one was injured. 

The shooter was also heard saying: "Humare desh mein sirf Hinduon ki chalegi aur kisi ki nahi (in our country only Hindus will prevail)." He had allegedly come to the area in an auto.

A witness said the man fired two-three times, standing right next to the police, not at the spot of the protest but close enough to a large crowd of unarmed men, women and children. 

"We suddenly heard gunshots. This person was shouting Jai Shri Ram. He had a semi-automatic pistol and he fired two rounds. The police were standing just behind him," said the witness, a volunteer at the protest.

"When his gun jammed, he ran. He tried to fire again, then tossed the gun into the bushes and tried to escape. Some of us and the police caught him, the police dragged him away," he added. Protesters questioned whether the police were more focused on keeping an eye on them rather than tackling crimes like this.

Police officer Chinmay Biswal said the man had fired shots in the air. "The man had resorted to aerial firing. Police immediately overpowered and caught him," he said.

This incident - the second shooting in Delhi at an anti-CAA protest -- has chilling similarities to the one that took place just two km away at Jamia university on Thursday, when a 17-year-old Class 12 boy from Uttar Pradesh fired a crude pistol at unarmed protesters with dozens of policemen behind him, watching. The teen, who left home claiming he was going to school, took a bus to Delhi intending to target Shaheen Bagh but landed at Jamia next-door after an auto-driver dropped him off there to avoid the traffic chaos.

The shootings have taken place in quick succession after controversial slogans of "Goli Maaro Sa***n Ko (shoot the traitors)" were chanted on Monday at a Delhi campaign rally of Anurag Thakur, the Union Minister of State for Finance, who was part of the team involved in Budget 2020 announced today.

Mr Thakur was banned from campaigning in Delhi for three days for egging on BJP workers to shout the "Goli Maaro" slogan.

Delhi Chief Minister Arvind Kejriwal slammed Home Minister Amit Shah, to whose ministry the Delhi Police reports to, over the two shooting incidents. "What have you done to our Delhi, Amit Shah ji? Bullets are being fired in broad daylight... Law and order is being criticised constantly. Elections will come and go, politics will keep happening, but for the sake of the people of Delhi, please focus on fixing law and order," he tweeted.

The Shaheen Bagh protest has attracted attention from across the country in the protests against the CAA or the Citizenship (Amendment) Act, which makes religion a criterion for citizenship. Critics say the law discriminates against Muslims as only non-Muslims from neighbouring Pakistan, Afghanistan and Bangladesh can become Indian citizens if they fled religious persecution and entered India before 2015.

Of late, critics of the Shaheen Bagh protests, mainly pro-CAA activists, have attacked the month-long sit-in on a key road in Delhi connecting to Noida. They say the protest has become a traffic nightmare for commuters.

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