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
January 23,2020

Bengaluru, Jan 23: An alleged low-intensity blast on Wednesday late evening in Shanthinagar left three-time Congress MLA NA Harris and six others with burn injuries. The blast reported at around 8:30 pm during a cultural programme gripped the central parts of Bengaluru in a panic especially after the incident of police recovering a live bomb in Mangaluru airport. 

According to sources in Shanthinagar, MLA Harris was attending the birthday celebrations of MGR organized by the locals close to his residence in Shanthinagar. Following the blast, Harris and a few others who standing close to the MLA sustained burn injuries and rushed to the nearby Philomena Hospital immediately and police officials from both the Ashok Nagar and Vivek Nagar visited the spot. The police officials are yet to confirm whether it was a bomb blast or due to the bursting of loud and powerful crackers. 

Chethan Singh Rathore, DCP (Central) visited the hospital and the blast site. A team of forensic science lab experts have also been summoned to the spot to collect samples for ascertaining the nature of the blast. MLA Harris’s son Mohammed Nalapad who rushed to the hospital along with supporters told media persons that they are completely shocked by the incident. 

“He was sitting on a chair and suddenly something that was hurled at him exploded beneath the chair. He sustained injuries to his leg and brought to the hospital. He is being treated by a team of doctors and other injured supporters are also being attended to by the doctors,” Nalapad said. 

Expressing shock over the incident, he said, “My father has been an MLA for 12-years and nothing of this sort had happened before in the constituency. We have no rivals and my father never had any gunmen. We are all shocked and have complained to the jurisdictional police.” 

Meantime, Dr Shankar Prasad, Medical Director, St Philomena’s Hospital explained that Harris and others are currently being treated for minor injuries. “None of them have any open cut injuries and they are being examined further,” Dr Prasad told DH. 

According to Dr Prasad, Harris had a minor blood clot in his left leg which was possibly due to a hard object hitting him during the blast. “We have taken X-Ray and examining further. At the look of it, it seems like a very minor injury,” he added. 

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News Network
July 14,2020

Bengaluru, Jul 14: The Karnataka government on Tuesday made changes to the Land Reforms Act 1961 through an ordinance to allow non-agriculturists to buy and own farmland for farming.

“The Land Reforms Act has been amended through an ordinance and notified after Governor Vajubhai R Vala gave his assent to it on Monday night,” a Revenue Department official told media persons.

It now permits non-farmers to buy farmland and grow food crops. But they can’t use it for other activities.

“Sections 79 A, B and C of the Act have been repealed, paving way for bona fide citizens to invest in farmland and take to farming as a hobby, passion or additional occupation, which is rewarding,” the official said.

The amended Act will enable the state to attract investment in the farm sector and boost food output. The farm sector’s contribution to the state’s gross domestic product (GDP) has been less than the manufacturing and services sectors over the last two decades.

Criticism by farmers, the Congress and the JD(S) since the cabinet approved changes on June 11 forced the state government to retain section 80 of the Act, with an amendment, to prevent sale of dam water irrigated farmland.

“The ordinance has also added a new section (80A), which says relaxations under the Act will not apply to land given to farmers under the Karnataka SC and ST (Scheduled Caste and Tribe) Act 1978,” the official said.

The changes permit mortgage of farmland only to the state-run institutions, firms and cooperative societies specified in the Act. The ordinance also makes legal cases pending in courts against the sections amended redundant as the new Act addresses the concerns raised in them.

“Besides generating substantial revenue for the state government, the Act will now allow farmers who find the occupation non-remunerative and risky due to droughts/floods and labour shortage to sell their surplus land to urban buyers,” the official said.

Ruling BJP Rajya Sabha member KC Ramamurthy from Bengaluru said the amended Act would allow any citizen to buy farmland.

“Though hundreds of people petitioned successive governments for the past 45 years to abolish the ‘draconian’ sections, they were ignored. I compliment Chief Minister BS Yediyurappa and Revenue Minister R Ashoka for the decision to allow everyone to buy farmland irrespective of their occupation or profession,” Ramamurthy told media persons.

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Agencies
February 23,2020

Panaji, Feb 23: A MiG-29K aircraft crashed off Goa during a routine training sortie on Sunday morning, the Indian Navy said in a statement.

"The pilot ejected safely and has been recovered. An enquiry into the incident has been ordered," the statement said.

On November 16, a MiG-29K trainer flight had crashed after a bird hit, soon after it took off the Dabolim International airport, which functions out of the Indian Navy base INS Hansa.

Both pilots had managed to safely eject themselves to safety after both the engines of their jet failed.

According to data tabled in the recent budget session of the Goa Assembly, every ten days, at least one aircraft landing or taking off at Goa's Dabolim international airport faces dangers involving birds or stray dogs near the runway.

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