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
June 8,2020

Bengaluru, Jun 8: Amid the relaxations in the coronavirus-induced lockdown, wedding planners are adapting to changing times and advancing themselves to provide best possible services to their clients.

Wedding planners come up with new trends. While women are matching their masks to their outfits, men who use turban for a wedding are wearing matching masks with the turbans. People are getting creative at the same time maintaining safety protocols. The live streaming of weddings for those who could not attend the wedding is also becoming a new normal.

Manisha Porwal Chouraria, a wedding planner at Color Palette Productions speaking to news agency said that Post COVID-19, weddings are performed as per the old cultures.

"Wedding Industry has impacted due to lockdown in the wake of COVID-19. Now, the concept of micro-wedding is trending in which you have guests who are close to you. Now, the old culture is back again as people who use to hold a wedding at lavish destinations are getting married in their lawns, farmhouses, terraces. Earlier, people used to get married in their 'Aangan' (Courtyard), people seem to be doing the same now. It is more personalised and expenses have come down, now. People are spending small amounts on decoration," said Chouraria.

"Following government guidelines, we are allowing 50 people at the wedding and not more than that. We are doing live streaming telecast and people can watch the wedding. We are also shipping gift boxes with a letter to 500 people who could not become part of the wedding. In the letter, we are writing that because of norms, you may not be invited but we want something to gift you on our wedding. People are planning to get married now and decide to throw a grand reception after 6 months in the hope that things will get better," she added.

Commenting upon how wedding planners are ensuring social distancing and how the fashion style changed due to pandemic, Chouraria said: "People are using matching masks. If women are wearing silk sarees, they are also wearing silk masks. Men are wearing matching masks with saafa (turban). The entire staff is asked to wear PPE kits. We are giving the guests a healthy kit comprising up of masks, sanitisers, gloves and tissues. We are doing thermal screening of the guests. We are also gifting cuddle curtains, a plastic transparent shield by using which you can touch feet of elders without physically touching them."

Mansi Porwal, Creative Head at Color Palette Productions said that it is becoming a challenging task for creative heads to plan wedding but still they are providing their best to the clients.

"Earlier people used to do theme wedding, big Indian Fat weddings. Now people are wedding with a small gathering. Now, family members are getting time to suggest the wedding planners about themes and the thing they want in their weddings. We are providing the best," she said.

"We have come up with a new theme, 'Har Din Subh hai' which means every day is auspicious. Post COVID-19 people are looking for available dates for the wedding. Now, every day becomes auspicious. This is going to be the new trend," she added.

Another wedding planner, Abhilash of Taarini Weddings said that their company is providing customised masks to guests.

"Earlier we have lots of weddings to cover across the globe. But now, we have less numbers of weddings. Budgets are reduced now. We are happy to start again. We are creating e-invites in which we are sending the guidelines to the guests. We also have a help desk to assist the clients and guests. We are providing the matching masks to the groom and we are also giving customized masks to guests too," he said.

Earlier, Karnataka's Department of Health and Family Welfare Services had issued an advisory for marriages, stating that not more than 50 guests shall be allowed and the consumption of liquor on the occasion will be prohibited.

As per the advisory, anyone found having fever, cold, cough, difficulty in breathing shall not be permitted to attend the event and immediately referred to seek medical advice.

"All persons shall wear face mask compulsorily. All persons shall maintain a physical distance of more than one metre. Hand wash with soap and water shall be provided in washrooms," adds the advisory.

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News Network
July 5,2020

Mangaluru, Jul 5: A COVID-19 patient escaped from a hospital in Mangaluru on Sunday, Mangaluru Commissioner of Police Vikas Kumar.

A total of 1,925 cases of COVID-19 and 37 deaths recorded in Karnataka in the last 24 hours, taking the total number of cases to 23,474.

The health department informed that the death toll rose to 372 while active cases stood at 13,251 in the state.

According to the Union Health Ministry, India has recorded 6,73,165 numbers of COVID-19 cases and 19,268 deaths. 

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coastaldigest.com news network
May 6,2020

Mangaluru, May 6: Three more coronavirus positive cases have been reported in Dakshina Kannada district. 

According to fresh bulletin of health and family welfare department, an 11-year-old girl and a 36-year-old woman from Boloor in Mangaluru and a 16-year-old girl from Bantwal tested positive for the covid-19. 

All of them are undergoing treatment at Wenlock Hospital. Their condition is said to be stable. 

With this the total number of cases in the district reached 28 including 22 residents of Dakshina Kannada, 4 from Kasaragod, 1 from Udupi and 1 from Uttara Kannada.

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