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 5,2020

Bengaluru, Jul 5: A 50-year-old woman with breathing difficulties died on Saturday after a shortage of beds forced 12 hospitals to refuse admission.

Her husband Babu said the family had approached 12 hospitals in three days, including Victoria Hospital and other private facilities, who all slammed their doors on them, citing a shortage of beds. The woman died on Saturday, a few minutes into her admission at KC General Hospital.

Second death 

A 35-year-old man, Manjunath, also died on Saturday after enduring fever for three days and being refused admission at several hospitals due to a shortage of beds.

As his condition worsened, his wife admitted him to a private hospital on Saturday after hours of ordeal. But the man died less than 15 minutes after getting admitted. Hospital authorities took swab samples from the deceased and said the body would be handed over after the test results.

BBMP personnel also failed to shift the body of a Covid-19 patient in Kalasipalya almost a day after the death.

Despite civic workers disinfecting the place, the neighbours were in a state of panic after the body was kept at home.

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News Network
June 24,2020

Islamabad, Jun 24: A plane crash which killed 97 people in Pakistan last month was because of human error by the pilot and air traffic control, according to an initial report into the disaster released Wednesday.

The Pakistan International Airlines (PIA) plane came down among houses on May 22 after both engines failed as it approached Karachi airport, killing all but two people on board.

"The pilot as well as the controller didn't follow the standard rules," the country's aviation minister Ghulam Sarwar Khan said, announcing the findings in parliament.

He said the pilots had been discussing the coronavirus pandemic as they attempted to land the Airbus A320.

"The pilot and co-pilot were not focused and throughout the conversation was about coronavirus," Khan said.

The Pakistani investigation team, which included officials from the French government and the aviation industry, analysed data and voice recorders.

The minister said the plane was "100 percent fit for flying, there was no technical fault".

The county's deadliest aviation accident in eight years came days after domestic commercial flights resumed following a two-month coronavirus lockdown.

Many passengers were on their way to spend the Muslim holiday of Eid al-Fitr with loved ones.

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News Network
June 16,2020

University of Oxford researchers have claimed that a cheap and widely available drug called dexamethasone can help save the lives of patients who are seriously ill with coronavirus.

Scientists working on the Recovery Trial found the drug could help patients on ventilators and oxygen, but had no effect on those who did not need help breathing.

“Based on these results, one death would be prevented by treatment of around eight ventilated patients or around 25 patients requiring oxygen alone,” researchers said in a statement.

Matt Hancock, the health secretary, tweeted: “This global first exemplifies the power of science.”

“I’m absolutely delighted that today we can announce the first successful clinical trial for a treatment for Covid-19,” Mr Hancock said.

Recovery Trial experts said a randomised group of 2,104 patients was given 6mg of dexamethasone per day for 10 days, while another group of 4,321 were given normal treatment.

Dexamethasone reduced deaths by one-fifth in patients on oxygen feeds and by one-third in those who needed a ventilator to breathe, preliminary results showed.

Mr Hancock added: “This is a huge step forward and it’s because we’ve backed the science.”

Martin Landray, professor of medicine and epidemiology at the Nuffield Department of Population Health, University of Oxford, and one of the trial’s chief investigators, said in a statement: “These preliminary results from the Recovery Trial are very clear – dexamethasone reduces the risk of death among patients with severe respiratory complications.

“Covid-19 is a global disease – it is fantastic that the first treatment demonstrated to reduce mortality is one that is instantly available and affordable worldwide.”

Comments

kushal kumar
 - 
Thursday, 18 Jun 2020

Trials  of  drug  dexamethasone   in  Covid-19  cases   have  brought  success  in  saving  lives  ,  claim  Oxford  University  scientists  on  16 June  2020. 

              According  to  news  reports  on  16 June  , 2020  ,   Oxford  University  Scientists  have  conducted  trials  on  anti-inflammatory  steroid  Dexamethasone   in  Covid-19  cases.  Results  released  by  the   Oxford  University    on  16  June  2020  say  that  the   low-cost  and  easily  available  drug  saves  the  people  seriously  infected  by   Coronavirus  ,  cuts  the  death  risk  by  a  third  for  those  on  ventilators  and  by  a  fifth  for  those  on  oxygen.  The  commentary   on  the  drug   reads  like  this  :-

“  This  is  a  tremendous  news  today  from  the  recovery  trial  showing  that  dexamethasone   is  the  first  drug  to  reduce  mortality  from  Covid-19.  It  is  particularly  exciting  as  this  is  an  inexpensive  widely  available  medicine.  This  is  a  ground  breaking  development  in  our  fight  against  the  disease  and  the  speed  at  which  researchers  have  progressed  finding  an  effective  treatment  ,  is  truly  remarkable.  It  shows  importance  of  doing  high  quality  clinical  trials  and  basing  decisions  as  the  results  of  those  trials”. 

               Covid-19  has  taken  into  its  grip   the  entire  world  during  first  half  of  the  year  2020  ,  infecting   lacs  and  killing  also  lacs  of   its  patients.  In  the  absence  of  an  effective  drug  or  vaccine  ,  people  had  no  choice  other  than   to   look   up   to  the  heavens  or   scientists  to  come  with  some  cure.  And  the  drug  described  here  is  the  first  one  to  respond  to  the  prayer   of  the  global  community  ,  it  seems.     As  regards  a  vaccine  ,   only  few  are  claiming  that  it  can  come  by  the  end  of  the  present  year  2020.  Rather   ,  some  are  of  the  view  that  it  may  take  a  larger  part  of  the  year  2021  and   could   even  go    to  mid-2022.   Whatever  that  scenario  about  prospect  of  arrival  of  vaccine  to  treat  Covid-19  may  be   ,  the  news  that  was  broken   on  16  June  2020   by   the  Oxford  University   scientists   in  relation  to   drug  dexamethasone   would  have  sent  a  wave  of   strength  and  hope   among   people  world-wide.  And  this  Vedic  astrology  writer  was  spirited  for  another  reason  as   well   -  a  prediction  of   when  some  relief   by  way  of  drug  to  fight  Covid-19   may  appear  ,   having  come  accurate  in   the   claim  announced  by  Oxford  University   on  16 June  2020.  This  writer  had  ,   based   on  interpretation  and  application   of  Vedic  astrology  ,   contributed  in  early  April  ,  2020   an  opinion  piece     - “  Some  searchlight  on  way  out  of  Covid-19  presently  tormenting  mankind” -   to  a  number  of   newspapers.  It  was  also  contributed  on  11  April  ,  2020   using  the  ‘ comments’   column  of  article  -‘ Heard  Charles  took   Ayurveda  treatment-based  Ayush  drugs  for   Covid-19’  -   at   theprint.in/india/looking-at-evidence-based-ayush-medicines-to-treat-covid-19-minister-shripad-naik/393407/.   The  text  in  the  opinion  piece  related  to  the  claim  of  success  announced  by  Oxford  University  scientists  on  16 June  ,  2020  ,  reads  like  this  :- 

“  So  reading  in  between  the  lines  ,  it  can  be  said  that  some  effective  drug   or  remedy  can  arrive  by   mid   or  towards   the  last  week  of  June  2020   to   provide  some  relief  during  July  to  September  2020 ,  to  some  good  extent”.

The  point  this  writer  wants  to  share  with  readers  world-wide  is  that   yes  ,  a  drug   envisaged  in  the  aforesaid  prediction  has  appeared  on  the  horizon  in  the  claim  announcement  of  Oxord  University  scientists  on  16  June ,  2020. 

Bio  :-

 

Kushal  kumar  ,

202-GH28  ,  Mansarovar   Apartments  ,

Sector  20  ,  Panchkula-134116  ,  Haryana,

India.

Note  :-  This  writer’s    significant  predictive  work  covering   2020   about   the  U.S.  and  Italy

 

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