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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 28,2020

Suhaana shuddered with fear as she heard violent banging on her door on Sunday. The atmosphere was charged with communal tension after thousands of ruthless goons supporting contentious Citizens Amendment Act (CAA) launched a bloody onslaught against Muslims in the capital of India.

The family consists of Suhaana (name changed), her partially paralysed husband and two daughters. They are the only Muslim family in Madhuban mohalla of North Ghonda locality in north-east Delhi.

Hearts pounded louder than pounding of the door. Then the banging stopped and noises of men talking loudly came.

"I peeped out from a small window near the kitchen and saw our neighbours standing outside our entrance and arguing with 10-15 unknown people," Suhaana said.

It was the first day of the communal violence, worst in the decades, that fanned out to the entire north-east Delhi over the next three days and claimed at least 42 lives, left over 200 injured and properties worth crores destroyed. The death toll is feared to go up.

Later in the night Suhaana's family moved to one of their Hindu neighbour's house. There are about 30 Hindu households in the mohalla who kept vigil as the atmosphere deteriorated.

The next day, the violence escalated. The neighbours decided to shift Suhaana 's family to Gautampuri for their safety.

Suhaana recounted, "Our neighbours assured us that they are with us but as things were deteriorating, they said they wouldn't be able to protect us if a big mob of hundreds came. They advised us to move to the nearby Gautampuri locality and come back only after things become normal."

Rajkumar Bharadwaj brought the family to Gautampuri in the early hours on February 25.

Anil Gupta, 49, said, "It was tough to rescue them. We were asked by the rioters as to why we were saving the Muslims. But we had to, it is the people of my country who are suffering. It cannot be Hindus or Muslims."

Rajkumar Bharadwaj said, "Their youngest clung to me throughout. After I brought them here at Gautampuri, I felt good. Situation till then was not okay."

On Saturday, some semblance of normalcy returned to parts of north-east Delhi with some people opening their shops amid heavy police presence.

Meanwhile, the morbid sight outside GTB Hospital's mortuary, agonising groans in the hospital wards burnt down houses and shops remind Suhaana and others what they have been spared of.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 23,2020

Bengaluru, Jan 23: An alleged low-intensity blast on Wednesday late evening in Shanthinagar left three-time Congress MLA NA Harris and six others with burn injuries. The blast reported at around 8:30 pm during a cultural programme gripped the central parts of Bengaluru in a panic especially after the incident of police recovering a live bomb in Mangaluru airport. 

According to sources in Shanthinagar, MLA Harris was attending the birthday celebrations of MGR organized by the locals close to his residence in Shanthinagar. Following the blast, Harris and a few others who standing close to the MLA sustained burn injuries and rushed to the nearby Philomena Hospital immediately and police officials from both the Ashok Nagar and Vivek Nagar visited the spot. The police officials are yet to confirm whether it was a bomb blast or due to the bursting of loud and powerful crackers. 

Chethan Singh Rathore, DCP (Central) visited the hospital and the blast site. A team of forensic science lab experts have also been summoned to the spot to collect samples for ascertaining the nature of the blast. MLA Harris’s son Mohammed Nalapad who rushed to the hospital along with supporters told media persons that they are completely shocked by the incident. 

“He was sitting on a chair and suddenly something that was hurled at him exploded beneath the chair. He sustained injuries to his leg and brought to the hospital. He is being treated by a team of doctors and other injured supporters are also being attended to by the doctors,” Nalapad said. 

Expressing shock over the incident, he said, “My father has been an MLA for 12-years and nothing of this sort had happened before in the constituency. We have no rivals and my father never had any gunmen. We are all shocked and have complained to the jurisdictional police.” 

Meantime, Dr Shankar Prasad, Medical Director, St Philomena’s Hospital explained that Harris and others are currently being treated for minor injuries. “None of them have any open cut injuries and they are being examined further,” Dr Prasad told DH. 

According to Dr Prasad, Harris had a minor blood clot in his left leg which was possibly due to a hard object hitting him during the blast. “We have taken X-Ray and examining further. At the look of it, it seems like a very minor injury,” he added. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 19,2020

Bengaluru, Jul 19: A total of 4,120 new COVID-19 cases were reported from Karnataka on Sunday, taking the total number of 63,772 in the state, informed the state's health department.

Out of the total cases reported in the last 24 hours, 2,156 were reported from Bengaluru.
The total figure includes 39,370 active cases, 23,065 recoveries, and 91 deaths.

"Karnataka crossed the 10-lakh-tests milestone today. So far, we conducted 10,20,830 tests across 88 labs in the state and 35,834 tests today," Minister for Medical Education of Karnataka tweeted on Sunday. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.