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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coastaldigest.com news network
January 26,2020

Mangaluru, Jan 26: Minister for Muzrai, Inland Water Transport, Port and Fisheries Kota Srinivas Poojary in his Republic Day address praised the Dakshina Kannada district and Mangaluru city units of Karnataka police.

Poojary, also district in-charge minister, was speaking after unfurling the National flag as a part of 71st Republic Day celebrations held at Nehru Maidan in the city on Sunday.

He said that the police department had been successful in tackling the challenges posed by anti-social elements to the law and order situation from time to time.

He also lauded the police department for effectively handling the recent bomb threat incident at Mangalore International Airport.

He said, the state government is committed to protect the welfare of the oppressed and backward classes, minority, women, farmers, differently abled and the elderly.

“People from all these sections are guaranteed government benefits in one way or the other,’’ the minister said and called upon the people to strive towards social harmony and to help the departments concerned in keeping anti-social elements away.

The state government will release its share of Rs 4,000 to the farmers under Pradhan Mantri Kisan Samman Yojana, to which Central government has credited Rs 6,000 per eligible farmer. As many as 1,33,247 farmers are benefited by the scheme in the district, the minister said.

Stating that the coastal region of Karnataka has been placed in the ninth position in the country in fisheries, Poojary said that the coastal line of Karnataka, comprising backwaters and inland water, houses immense resource for fishes.

“Thrust will be laid on boat tourism and development of ports in the coastal districts,’’ he said.

The minister, meanwhile, said that the state government had implemented various programmes for the development of fishermen community.

“Loans to the tune of Rs 60.54 crore availed by 23,000 women belonging to fishing community will be waived. Diesel subsidies amounting to Rs 28.09 crore has been transferred to the bank accounts of owners of 954 mechanized boats during the year 2019-20. As many as 2,500 houses have been sanctioned under Matsyashraya scheme,’’ Poojary said.

Dakshina Kannada district has incurred a loss of Rs 893 crore during the recent floods. Financial assistance has been extended to 1,914 families affected by the floods to buy essential commodities, he said.

Services recognised

The minister thanked the Central government for announcing Padma Vibhushan awards to late Vishwesha Theertha Swami and George Fernandez and Padma Shri award to Harekala Hajabba.

‘’The selfless services to the nation by these stalwarts have been recognised,’’ he said. Educationist Harekala Hajabba was felicitated on the occasion.

Zilla Panchayat President Meenakshi Shanthigodu, MLAs D Vedavyas Kamath, Dr Y Bharat Shetty and U T Khader, MLCs Ivan D’Souza and S L Bhoje Gowda were present. Various troupes conducted march past on the occasion. Schoolchildren took part in cultural programmes.

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News Network
February 27,2020

Washington, Feb 27: President Donald Trump has said that the US' relationship with India is "extraordinary" right now and a lot of progress was made in bilateral ties during his maiden official visit to the country where America will be doing a lot of business.

Talking to reporters, after his return from India on Wednesday, Trump said, "He (Prime Minister Narendra Modi) is a great gentleman, a great leader. It's an incredible country."

President Trump visited India from February 24 to 25. He was accompanied by first lady Melania Trump, daughter Ivanka Trump, son-in-law Jared Kushner and the top brass of his administration, including national security advisor Robert O'Brien.

They visited Ahmedabad, Agra and New Delhi before leaving for Washington on Tuesday.

During his stay, he addressed a massive rally in Ahmedabad, visited Agra and held official meetings in New Delhi.

The US President was feted at the world's largest cricket stadium in the "Namaste Trump" event in Ahmedabad and was cheered by tens of thousands of people.

"We were treated very, very well and we really enjoyed it. A lot of tremendous progress was made in terms of relationship - our relationship with India is extraordinary right now," he said.

"We are going to be doing a lot of business with India, they are sending billions and billions of dollars now to the United States," Trump said in response to a question.

In a tweet, his daughter Ivanka said that, Trump announced that US international development finance corporation "will establish a permanent presence in India to strengthen our economic ties, improve development plus further women's economic empowerment through WGDP (Women's Global Development and Prosperity Initiative)!"

On her arrival from India, she thanked PM Modi for "your warm hospitality as we visited your beautiful country and celebrated the strength, spirit and unity of the US and India!"

"Throughout our visit we saw monumental achievements of human creativity and proof of the infinite capacity of the human heart!" she said.

The first lady tweeted two pictures of her with Trump facing the Taj Mahal in Agra.

"One of the Seven Wonders of the World, the breathtaking Taj Mahal!" she said.

President Trump "reaffirmed the strong strategic partnership, vibrant economic ties and expanding security relationship between our two countries. Wonderful trip, but glad to be home! Thank you India!" said White House press secretary Stephanie Grisham.

During the visit, India and the US on Tuesday finalised defence deals worth $3 billion under which 30 military helicopters will be procured from two American defence majors for Indian armed forces.

The deals will include procurement of 24 MH-60 Romeo helicopters by India from the US at a cost of $2.6 billion. Another contract to acquire six AH-64E Apache helicopters for $800 million from the US is also on the table.

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News Network
June 6,2020

New Delhi, Jun 6: With the coronavirus pandemic showing no signs of abating, it seems unlikely that Muslims from India will be able to undertake the Hajj pilgrimage this year.

However, the government will take a final decision on the matter only after Saudi Arabia makes its position on hosting the pilgrimage clear.

A circular issued by the Hajj Committee of India on Friday said only a few weeks are left for the preparatory work in India for Hajj 2020, yet the Saudi authorities have not communicated any further development regarding the pilgrimage.

"In view of the several inquiries received and concerns expressed over uncertainty over Hajj 2020, it has been decided by the Hajj Committee of India that, those pilgrims who desire to cancel their Hajj journey this year, their 100 per cent amount paid so far will be refunded without any deductions," the circular issued by Hajj Committee of India CEO Maqsood Ahmed Khan said.

"Coronavirus cases are increasing in Saudi Arabia and two lakh people have to go from here. We had made preparations, but now there is very little time left. We are waiting for an official word from Saudi Arabia," a top source said.

In response to a question, the source said, "This time, it is unlikely that people will be able to undertake Hajj from India."

Uncertainty has been looming large over this year's Hajj in the wake of the coronavirus pandemic and though Saudi Arabia has not made a decision on whether the annual pilgrimage will be held or not, it did ask Muslims to delay their bookings till there is more clarity.

The bilateral annual Hajj 2020 agreement between India and Saudi Arabia was signed last December. In 2020, a total of 2 lakh Indian Muslims were expected to perform Hajj.

Over 95,000 COVID-19 cases and more than 600 deaths have been reported in Saudi Arabia due to the coronavirus pandemic, according to Johns Hopkins University data.

Some countries have decided not to send their people for Hajj this time. The most prominent among these is Indonesia, the country with the largest Muslim population in the world.

The Hajj 2020 is proposed in the period between late July and early August.

The Hajj is one of the five pillars of Islam which every Muslim is required to complete at least once in their lifetime if they are healthy enough and have the means to do so.

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