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
March 2,2020

Abu Dhabi: Yogish Prabhu K is the newly elected president of Abu Dhabi’s prestigious India Social & Cultural Centre (ISC) and he will serve for the period 2020-2021. ISC’s annual general body meeting and Election for 2020 were held on Thursday, February 27 and the election results of the election were announced during the early hours of Friday, February 28th morning.

In the keenly contested election, Yogish Prabhu emerged victorious. Humble origin and hailing from a small town of Karkala from Udupi district of Karnataka state has never deterred him from setting challenging goals. He belongs to a well-known Gouda Saraswat Brahmin family of K.V.Prabhu Coconut oil mill in Karkala. He is the eldest son of Late Rtn. Krishna Prabhu and Rtn. Bharati Prabhu.  His father and grandfather were freedom fighters who left a profound impression on him and their ideology “serving people is like worshiping God” (Jana seveye Janardhana seve) inspired and guided his life ever since. Prabhu has been a privilege member of ISC since 2003 and has been actively involved in ISC activities throughout. His relationship with ISC spans over 2 decades during which he has immensely contributed in many ways to ISC and the Indian community at large. A banker by profession, Yogish Prabhu is currently working as Vice President, Group Finance & Treasury, First Abu Dhabi Bank (FAB).

With some new initiatives in his mind, Prabhu wants to creatively improve the quality of ISC’s services, its humanitarian impact as well as the diversity of its membership. His intentions are always to help everyone irrespective of caste, creed, religion, language or status. As a new elected President of ISC, Prabhu’s main objective is to strategically plan and implement his vision through his ABC 5 Year Plan i.e.,

A-    Accountability & Transparency,

B-    Build a Sound Financial Plan and

C-    Compassion & Affection for the needy

so that ISC is recognized not just in UAE, but worldwide as a mascot of the great Indian community.

Prabhu thinks “as individuals, we can do only so much but with the support of Elected ISC Committee members and all the ISC members together, there is no limit to what we can achieve, and in the process, we can truly transform the ISC”. He proudly says, “I have a strong treasury management experience in ISC as well as in the bank which we need now more than ever”.

With his dynamic leadership, sheer dedication and ambition, ISC will definitely be scaling new heights of glory and prestige in Abu Dhabi and beyond. His humble nature, leadership qualities coupled with his rich administrative experience will surely help boost ISC’s popularity and meet its challenging goals and can serve people in a better way and contribute to the Indian community at large.

Yogish Prabhu has been married for 28years. His wife Chethana Prabhu Kasaragod too has been equally active in ISC and continuously supporting and participating in various sports, entertainment and literary committees throughout these years. She became ISC Women’s Forum Convener in 2016-2017. Their daughter, Aarti Prabhu is an IT Engineer from NITK Suratkal, working in Bangalore. Son, Ajith Prabhu finished his Masters in Mechanical Engineering and Management in Industrial Design in Queens University, Belfast, Northern Ireland, UK and at present doing his internship there. Both Aarti and Ajith are alumni of Abu Dhabi Indian School and both have represented National level CBSE Badminton meet. Also, Aarti was a Gold medalist in the school for scoring 100 in Mathematics in SSLC.

Following are few of his contributions and achievements:

•          Hon. Asst. Treasurer of ISC for consecutive years from 2005 till 2007

•          Hon. Treasurer of ISC in 2011.

•          Member of Finance Committee of ISC new infrastructure and premises from approval till completion.

•          In 2016, initiated the participation of ISC members as officials for International Yoga Day organized by Indian Embassy

•          In 2017, initiated the participation of children as officials to help the organizers so that children could learn their social responsibility and become good citizens.

•          In 2012, initiated ladies throw ball tournament in ISC and now it is extended to men too.

•          Member of IPEF since its inception in 2014. Also served as its Governing board member in the same year.

•          Founder member of ‘UAE GSB group’ since its formation in 2004

•          Committee member of ‘Gandhi Sahitya Vedi’ Abu Dhabi

•                    Treasurer of Abu Dhabi Karnataka Sangha

•          Head of Finance and member of other committees of ‘World Tulu Convention’ held in Dubai - 2018

 

Election was held for other Posts too. The other office bearers elected to the present committee are:

Vice-President: George Varghese.

General Secretary: Jojo J Ambooken

Asst.Gen.Secretary: C. George Varghese

Treasurer: Shijil Kumar N K

Entertainment Secretary: Jayapradeep K P

Literary Secretary: Elias Padavetty

Sports Secretary: Freddi J. Fernandes

Secretary Southern Region: Raja Srinivasa Rao Aita

Auditor: G.N.Sasikumar

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News Network
July 10,2020

Bengaluru, Jul 10: Karnataka health minister B Sriramulu on Thursday said that the government is planning to increase number of COVID-19 testing labs and technicians in the state.

Speaking to news agency, Sriramulu said, "We have 72 labs where COVID-19 tests are conducted. They are under pressure with increased number of tests. When lab technicians are quarantined, it gets difficult to complete work. So we are considering to increase number of labs and technicians."

Speaking on the community transmission of COVID-19 in Bengaluru, he said, "The experts are already deliberating over the issue of community transmission. According to me the community spread has not taken place yet."

Meanwhile, Cabinet Minister Madhu Swamy said that the government is calling for foreign investment for which Boston Consulting Group (BCG) has been hired by the state government.

Speaking to the reporters after the Cabinet meeting, Swamy said, "We call for foreign investment in Karnataka for which we need an agency who has to coordinate, who has to bring outsiders in Karnataka to invest in the state. For that we have hired a company by name Boston consulting Group(BCG) we will be paying them Rs 1 crore for twelve months."

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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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