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
March 25,2020

Thiruvananthapuram, Mar 25: Kerala Chief Minister Pinarayi Vijayan on Tuesday said that strict action will be taken against overpricing and hoarding of essential items during lockdown period in the state.
Speaking to media persons here, he said: "Today 14 new cases of COVID-19 have been reported taking the total number of cases to 105 (excluding four discharged) in the state."
"Out of this, six are from Kasaragod district, two from Kozhikode, eight have returned from Dubai, one each from Qatar and UK; and three have got infected from a mutual contact. One health worker is also suspected to be on the list," he said.
A total of 72,460 people are under observation in the state out of which 71,994 are in isolation in their homes and 466 in hospitals. Today 164 people were hospitalised. 4,516 samples were sent for testing out of which 3,331 have tested negative.
Chief Minister Vijayan said that people should take the lockdown seriously and strictly adhere to government instructions.
"All personal vehicles should strictly be off the road. Taxis and autos can only be used for emergency purposes. People using personal vehicles should give self-declaration giving details about the purpose of the journey. Police action will be taken against those giving false information or found misusing personal vehicles," he said.
The Chief Minister today interacted with the MLAs from Kasargod through audio conferencing and asked them to co-ordinate the activities there along with the Panchayat president.
"Special attention should be given to the elderly, homeless, specially-abled in the state and local self-government institutions should take effort to arrange food and shelter for the needy. Apart from medicines, those in isolation would also be given counselling if required," he said.
He also urged the youth to come forward in volunteering during this difficult time. They can volunteer as bystanders in hospitals and help in other places too.
The Chief Minister also informed that the testing facilities at Central Universities in Kerala, IISER in Trivandrum and MIMS, Kozhikode can be used.
"All MLAs are working in their respective constituencies and they should make the effort to identify places that can be used as regional isolation centres, as and when required," said Vijayan.

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News Network
March 2,2020

Kochi, Mar 2: The Vatican has rejected the second appeal by Sister Lucy Kalappura -- one of the nuns who protested against rape accused Bishop Franco Mulakkal -- against her expulsion from Franciscan Clarist Congregation (FCC).

In her plea, she had demanded that her version be heard and her expulsion from FCC revoked.

She was expelled from FCC for participating in public protests demanding the arrest of Franco Mulakkal in the nun rape case.

''I got a letter from Vatican which says my appeal has been rejected. But the rest of the letter is written in the Latin language. So after I understand it, I will respond," Sister Lucy told news agency.

''The authorities are contemptuous of those who make such complaints. That is why the letter is written in Latin. Sister Lucy would continue her legal fight in the courts,'' said George Moolechalil, who has been authorised by Sister Lucy to communicate with the media on her behalf.

A petition of Sister Lucy is still pending at Mananthavady Munsif Court at Wayanad that demands that she should not be expelled from the convent where she is staying.

Comments

fairman
 - 
Wednesday, 4 Mar 2020

Religious issues should be resolved within the guidelines of devine laws.

 

Unfortunately the Chrisitianity is no more in its originality.

The holy bible has been systematically abused and edited to the benefits of rulers.

 

 
The book has been contaminated with lots of editions.

 

People should search for truth and follow it.

 

Example, the religion never told to remain unmarried for priests or nuns.

They go against its teaching inveting their own idea against God's teaching.

 

Abdul Gaffar Bolar
 - 
Monday, 2 Mar 2020

Vatican is a corporate person.

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Agencies
July 18,2020

Days after Twitter accounts of several billionaires were hacked to engineer a crypto scam, Twitter on Saturday said it is embarrassed, disappointed and, more than anything, sorry for what happened with some of its high-profile users as attackers successfully manipulated its employees and used their credentials to access internal systems, including getting through the two-factor protections.

In the first detailed summary of the "social engineering attack" via a crypto scam that hit at least 130 users this week, Twitter said for 45 of those accounts, the attackers were able to initiate a password reset, login to the account and send Tweets.

"We are continuing our forensic review of all of the accounts to confirm all actions that may have been taken. In addition, we believe they may have attempted to sell some of the usernames," the micro-blogging platform said in a statement.

For up to eight of the Twitter accounts involved, the attackers took the additional step of downloading the account's information via "Your Twitter Data" tool.

This is a tool that is meant to provide an account owner with a summary of their Twitter account details and activity.

"We are reaching out directly to any account owner where we know this to be true. None of the eight were verified accounts," said Twitter.

The company said the attackers were not able to view previous account passwords, as those are not stored in plain text or available through the tools used in the attack.

"Attackers were able to view personal information including email addresses and phone numbers, which are displayed to some users of our internal support tools," informed Twitter.

In cases where an account was taken over by the attacker, they may have been able to view additional information, Twitter added, saying its forensic investigation of these activities was still ongoing.

"We are actively working on communicating directly with the account-holders that were impacted".

The company said it will soon restore access for all account owners who may still be locked out as a result of the remediation efforts.

The New York Times reported on Friday that the Twitter crypto scam can be traced back to a group of hackers who congregate online at OGusers.com, a username-swapping community where people buy and sell coveted online handles.

The report said that the Twitter hack is not from Russian, Chinese or North Korean hackers but was done by a group of young people, "one of whom says he lives at home with his mother".

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