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 20,2020

Udupi, Jul 20: Five COVID Day Care Centres have been opened here on Monday with combined 870 bed for asymptomatic Covid-19 patients.

The Centres are set up at Karkala (1), Udupi (3) and Kundapura (1). Presently more than 100 patients are being treated in these Centres.

These Centres have been opened in the wake of high incidences of Covid-19 cases in the district. They are set up for asymptomatic patients who do not wish to be treated at home.

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News Network
July 1,2020

Bengaluru, Jul 1: Karnataka Pradesh Congress Committee (KPCC) chief DK Shivakumar on Wednesday said that the state Chief Minister BS Yediyurappa should apologise to the nation for the Ballari incident.

"It is shocking to see the Ballari incident. The way the dead bodies of the corona victims have been treated is very unfortunate. The entire country witnessed it. I request the Chief Minister BS Yediyurappa to apologise to the nation. India is known for its values and traditions," Shivakumar told reporters here.

Earlier, Shivakumar had posted a video which allegedly showed officials 'inhumanly' dumping bodies of those patients who die of COVID into a pit in Ballari, the district administration confirmed it and said that the entire field team involved in the incident has been disbanded.

"It's disturbing to see bodies of COVID patients who have died being dumped inhumanly into a pit in Ballari. Is this civility? This is a reflection of how the government has handled this Corona crisis. I urge the govt to take immediate action and ensure that this doesn't happen again," Shivakumar's tweet, which also had a video of the incident embedded, read.

The Deputy Commissioner, Ballari issued a press note which stated that it had conducted an enquiry after the video surfaced and it was found that the video belonged to the district and "comprises of burial of eight people who passed away after succumbing to COVID-19."

Although, according to the DC, all protocols and SOPs were followed by the team during the burial process, however, the "disrespectful handling of the bodies while being lowered on to the ground by the field staff" led to the entire field team involved being disbanded and will be replaced by a new team trained by the HOD, Forensic, VIMS.

The district administration also issued an unconditional apology to the families of the deceased and to others who were hurt by the incident.

Meanwhile, Chief Minister BS Yediyurappa also termed the behaviour of the staff "very inhuman and very painful" and urged the staff to tread cautiously with humanity in handling the funeral of those affected by the disease, and added, "Let's walk with humanity, and realize that there is no greater religion than humanity." 

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coastaldigest.com web desk
July 6,2020

Bengaluru, Jul 6: A video clip of a Bengaluru-based doctor urging the follow doctors to return to their duty at a time when medicos are desperately needed to fight against COVID-19 has busted the myth of ‘shortage of beds’ in the hospitals. 

In past few of weeks, dozens of people in Bengaluru have lost their lives after hospital denied them admission citing lack of beds. 

Dr Taha Mateen, Managing Director of HBS Hospital, in an emotional message, appealed to healthcare professionals, including doctors, to help handle the situation better. The video has gone viral on social media.

“I speak from the ICU of HBS Hospital. It’s been a virtual bloodbath. I came in the morning at like 7:30 in the morning and its 12’o’clock midnight right now. Patients are continuously calling me now ‘cause their fathers are breathless, their brothers are breathless and they cannot find a room in Bengaluru and at this time if you see there is one Mr Shiva and me. There is no other doctor willing to work in this hospital,” Dr Mateen says in the video.

Dr Mateen further said, "I have beds, I have oxygen beds, I have ventilators, I have all the equipment. I have another 30 beds like this but I don’t have doctors working here.” He said that there is an urgent need to mobilise healthcare staff.

Sources said the COVID-19 patients at the hospital are left with only five doctors and 12 nurses. Until recently, the HBS Hospital had 20 nurses and 44 doctors on its roll.

According to a report, the hospital is facing huge difficulties in treating patients admitted at Intensive Care Units (ICU). Eight patients with severe respiratory problems are admitted to the hospital and are waiting for their COVID-19 test results.

"We have sufficient beds at the hospital to treat coronavirus patients, but we don't have doctors. And we can't admit more patients as we are left with just five doctors, said Dr Taha Mateen.

"All doctors are on WhatsApp, I request all doctors to come out and perform their duties, Dr Mateen said in a video appeal on WhatsApp, Twitter and Instagram. 

According to Dr Mateen, a COVID-19 patient, who was admitted to COVID care centre at Haj  Bhavan, was abandoned on a road by an ambulance driver. Later, the patient was picked by NGO volunteers. 

"The patient was brought to HBS Hospital at 2 am. He had a very low blood oxygen level. We stabilised his condition. Later, we had to send him home as we don't have enough staff to take care of him. We also sent an oxygen cylinder to his home," a report quoted Dr Mateen as saying.

Comments

Jeevitha Prativadi
 - 
Monday, 6 Jul 2020

Hi there ! 
This post absolutely broke my heart. I currently stay in Bangalore and I'm a mbbs graduate from Manipal university currently studying for my post graduation exam and I'd love to contact Dr Mateen to help out any way that I can. Please let me know the best way to contact him,  thank you!

 

 

Mohammed Asif
 - 
Monday, 6 Jul 2020

My grand salute to this doctor for his courage. As he mentioned now during this pandemic situation health staff are the frontline warrior to battle against this disease. As he quoted, all respected doctors please join your hand with him at least for humanity base. May almighty sure will protect and bless. 

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