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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Agencies
August 2,2020

New Delhi, Aug 2: BCCI president Sourav Ganguly on Sunday said the Women's IPL or the Challenger series, as it is better known, is "very much on", ending speculation about the parent body not having a plan for Harmanpreet Kaur and her team.

The men's IPL will be held between September 19 and November 8 or 10 (final date yet to be locked in) in the UAE due to the surge in Covid-19 cases in India. The women's IPL will also be fit in to the schedule, according to the BCCI chief.

"I can confirm to you that the women's IPL is very much on and we do have a plan in place for the national team also," Ganguly told PTI ahead of the IPL Governing Council meeting later on Sunday.

The BCCI president, who is awaiting a Supreme Court verdict on waiver of the cooling-off period to continue in the position, did not divulge details but another senior official privy to the development said that women's Challenger will be held during the last phase of IPL like last year.

"The women's Challenger series is likely to be held between November 1-10 and there could be a camp before that," the source said.

The former India captain also said that the centrally contracted women players will have a camp which has been delayed due to the prevailing situation in the country.

"We couldn't have exposed any of our cricketers -- be it male or female to health risk. It would have been dangerous," Ganguly said.

"The NCA also remained shut because of Covid-19. But we have a plan in place and we will have a camp for women, I can tell you that," he added.

The BCCI's cricket operations team is chalking up a schedule where Indian women are likely to have two full-fledged white-ball series against South Africa and the West Indies before playing the ODI World Cup in New Zealand. 

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News Network
February 27,2020

Washington, Feb 27: President Donald Trump has said that the US' relationship with India is "extraordinary" right now and a lot of progress was made in bilateral ties during his maiden official visit to the country where America will be doing a lot of business.

Talking to reporters, after his return from India on Wednesday, Trump said, "He (Prime Minister Narendra Modi) is a great gentleman, a great leader. It's an incredible country."

President Trump visited India from February 24 to 25. He was accompanied by first lady Melania Trump, daughter Ivanka Trump, son-in-law Jared Kushner and the top brass of his administration, including national security advisor Robert O'Brien.

They visited Ahmedabad, Agra and New Delhi before leaving for Washington on Tuesday.

During his stay, he addressed a massive rally in Ahmedabad, visited Agra and held official meetings in New Delhi.

The US President was feted at the world's largest cricket stadium in the "Namaste Trump" event in Ahmedabad and was cheered by tens of thousands of people.

"We were treated very, very well and we really enjoyed it. A lot of tremendous progress was made in terms of relationship - our relationship with India is extraordinary right now," he said.

"We are going to be doing a lot of business with India, they are sending billions and billions of dollars now to the United States," Trump said in response to a question.

In a tweet, his daughter Ivanka said that, Trump announced that US international development finance corporation "will establish a permanent presence in India to strengthen our economic ties, improve development plus further women's economic empowerment through WGDP (Women's Global Development and Prosperity Initiative)!"

On her arrival from India, she thanked PM Modi for "your warm hospitality as we visited your beautiful country and celebrated the strength, spirit and unity of the US and India!"

"Throughout our visit we saw monumental achievements of human creativity and proof of the infinite capacity of the human heart!" she said.

The first lady tweeted two pictures of her with Trump facing the Taj Mahal in Agra.

"One of the Seven Wonders of the World, the breathtaking Taj Mahal!" she said.

President Trump "reaffirmed the strong strategic partnership, vibrant economic ties and expanding security relationship between our two countries. Wonderful trip, but glad to be home! Thank you India!" said White House press secretary Stephanie Grisham.

During the visit, India and the US on Tuesday finalised defence deals worth $3 billion under which 30 military helicopters will be procured from two American defence majors for Indian armed forces.

The deals will include procurement of 24 MH-60 Romeo helicopters by India from the US at a cost of $2.6 billion. Another contract to acquire six AH-64E Apache helicopters for $800 million from the US is also on the table.

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Media Release
March 8,2020

Mangaluru, Mar 8: The Saraswat Co-operative Bank Ltd., celebrated International Women’s Day with a special seminar on Financial Planning for the banks’ women customers. The programme was held on Friday, March 6, 2020 from 4.00 to 6.00 p.m. at Hotel Ocean Pearl Inn, Bejai, Mangalore. Dr. Sukanya Rao, academician and financial planner, was the chief guest and resource person for the seminar. Mr. Srinivas C., Karnataka State Head, Future Generali India Insurance Company Ltd., was the guest of honour.  Mrs. Vimala Anchan, Senior Manager and Branch Head of M. G. Road Branch of Saraswat Bank presided over the function.

In her chief guest’s address, Dr. Sukanya Rao defined empowerment of women as the ability of take one’s own decisions and utilize resources. Quoting global rankings, she said India enjoys a high ranking of being 9th in the world in political empowerment of women, whereas in other sectors we stand abysmally low. In social empowerment of women, India ranks at 120th, in economic empowerment at 124th and health and survival at 135th.

She suggested that the best tool for enhancing these empowerment rankings is education, which will lead to earning potential and result in enhancing social status. “Every year spent in school boosts girl’s wages by 10-20%,” she said “When a girl receives 7+ years of education, marriage gets postponed by four years and she has 2.2 less children.” She advised women to learn to take one’s own decisions. “Learn to take decisions, especially financial decisions, on your own instead of depending on significant others to do the decision making,” she said.

She followed up her talk with an interactive session on personal financial planning. She enlightened the audience on factors influencing our financial decision making and gave different perspectives on prioritizing savings, spending and investment. 

Srinivas C., Karnataka State Head, Future Generali India Insurance Company Ltd., along with Deepak enlightened the women regarding financial safeguards available under Married Women's Property Act (1874).

Established in 1918, Saraswat Bank was the first co-operative bank to provide merchant banking services after it was recognized as a scheduled bank by RBI in 1988. The bank enjoys high proportion of women employees (nearly 75%) and it is a recipient of Best Cooperative Bank Award in 2016.

Fun games were conducted and prizes were distributed to the winners. Bhavanthi Street Branch Head Karthik Shetty welcomed the gathering. Prithvi Pai and Aishwarya rendered the invocation. Naina Shenoy expressed the bank’s Women’s Day greetings. Chilimbi Branch Head Kishore Shetty gave a vote of thanks. Mahesh Nayak compered the programme. Past Branch Head Mamtha Rao was present.

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