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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Ram Puniyani
January 14,2020

In the beginning of January 2020 two very disturbing events were reported from Pakistan. One was the attack on Nankana Sahib, the holy shrine where Sant Guru Nanak was born. While one report said that the place has been desecrated, the other stated that it was a fight between two Muslim groups. Prime Minister of Pakistan Imran Khan condemned the incident and the main accused Imran Chisti was arrested. The matter related to abduction and conversion of a Sikh girl Jagjit Kaur, daughter of Pathi (One who reads Holy Guru Granth Sahib in Gurudwara) of the Gurudwara. In another incident one Sikh youth Ravinder Singh, who was out on shopping for his marriage, was shot dead in Peshawar.

While these condemnable attacks took place on the Sikh minority in Pakistan, BJP was quick enough to jump to state that it is events like this which justify the Citizenship Amendment Act (CAA). Incidentally CAA is the Act which is discriminatory and relates to citizenship with Religion, which is not as per the norms of Indian constitution. There are constant debates and propaganda that population of Hindus has come down drastically in Pakistan and Bangla Desh. Amit Shah, the Home minister stated that in Pakistan the population of Hindus has come down from 23% at the time of partition to 3.7% at present. And in Bangla Desh it has come down from 22% to present 8%.

While not denying the fact that the religious minorities are getting a rough deal in both these countries, the figures which are presented are totally off the mark. These figures don’t take into consideration the painful migrations, which took place at the time of partition and formation of Bangla Desh later. Pakistan census figures tell a different tale. Their first census was held in 1951. As per this census the overall percentage of Non Muslim in Pakistan (East and West together) was 14.2%, of this in West Pakistan (Now Pakistan) it was 3.44 and in Eat Pakistan it was 23.2. In the census held in Pakistan 1998 it became 3.72%. As far as Bangla Desh is concerned the share of Non Muslims has gone down from 23.2 (1951) to 9.6% in 2011.

The largest minority of Pakistan is Ahmadis, (https://minorityrights.org/country/pakistan/) who are close to 4 Million and are not recognised as Muslims in Pakistan. In Bangla Desh the major migrations of Hindus from Bangla Desh took place in the backdrop of Pakistan army’s atrocities in the then East Pakistan.

As far as UN data on refugees in India it went up by 17% between 2016-2019 and largest numbers were from Tibet and Sri Lanka.  (https://www.un.org/en/development/desa/population/migration/publication…)

The state of minorities is in a way the index of strength of democracy. Most South Asian Countries have not been able to sustain democratic values properly. In Pakistan, the Republic began with Jinnah’s classic speech where secularism was to be central credo of Pakistan. This 11th August speech was in a way what the state policy should be, as per which people of all faiths are free to practice their religion. Soon enough the logic of ‘Two Nation theory” and formation of Pakistan, a separate state for Muslim took over. Army stepped in and dictatorship was to reign there intermittently. Democratic elements were suppressed and the worst came when Zia Ul Haq Islamized the state in collusion with Maulanas. The army was already a strong presence in Pakistan. The popular formulation for Pakistan was that it is ruled by three A’s, Army, America and Allah (Mullah).

Bangla Desh had a different trajectory. Its very formation was a nail in the coffin of ‘two nation theory’; that religion can be the basis of a state. Bangla Desh did begin as a secular republic but communal forces and secular forces kept struggling for their dominance and in 1988 it also became Islamic republic. At another level Myanmar, in the grip of military dictatorship, with democratic elements trying to retain their presence is also seeing a hard battle. Democracy or not, the army and Sanghas (Buddhist Sang has) are strong, in Myanmar as well. The most visible result is persecution of Rohingya Muslims.

Similar phenomenon is dominating in Sri Lanka also where Budhhist Sanghas and army have strong say in the political affairs, irrespective of which Government is ruling. Muslim and Christian minorities are a big victim there, while Tamils (Hindus, Christians etc.) suffered the biggest damage as ethnic and religious minorities. India had the best prospect of democracy, pluralism and secularism flourishing here. The secular constitution, the outcome of India’s freedom struggle, the leadership of Gandhi and Nehru did ensure the rooting of democracy and secularism in a strong way.

India so far had best democratic credentials amongst all the south Asian countries. Despite that though the population of minorities rose mainly due to poverty and illiteracy, their overall marginalisation was order of the day, it went on worsening with the rise of communal forces, with communal forces resorting to identity issues, and indulging in propaganda against minorities.

While other South Asian countries should had followed India to focus more on infrastructure and political culture of liberalism, today India is following the footsteps of Pakistan. The retrograde march of India is most visible in the issues which have dominated the political space during last few years. Issues like Ram Temple, Ghar Wapasi, Love Jihad, Beef-Cow are now finding their peak in CAA.

India’s reversal towards a polity with religion’s identity dominating the political scene was nicely presented by the late Pakistani poetess Fahmida Riaz in her poem, Tum bhi Hum Jaise Nikle (You also turned out to be like us). While trying to resist communal forces has been an arduous task, it is becoming more difficult by the day. This phenomenon has been variously called, Fundamentalism, Communalism or religious nationalism among others. Surely it has nothing to do with the religion as practiced by the great Saint and Sufi traditions of India; it resorts mainly to political mobilization by using religion as a tool.

Comments

Ashi
 - 
Tuesday, 14 Jan 2020

If Malaysia implement similar NRC/CAA, India and China are the loser.

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News Network
July 6,2020

Tumuku, Jul 6: Senior Congress leader and Kunigal MLA Dr H D Ranganathm tested positive for COVID-19 on Monday.

The 48-year-old Congress legislature, a doctor by himself, was admitted to Manipal hospital and recovering, he said in a tweet.

Dr Ranganath said he took all precautions, yet could not save himself from the virus and advice people to not to take the contagion lightly.

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News Network
May 6,2020

Dubai, May 6: The Indian nationals cleared by the UAE health authorities and found to be asymptomatic will only be allowed to fly back home in one of India's biggest ever repatriation exercises, the Indian Embassy in Abu Dhabi has said ahead of the first set of flights on Thursday.

On Monday, the Indian government announced plans to begin a phased repatriation of its citizens stranded abroad from May 7. Air India will operate 64 flights from May 7 to May 13 to bring back around 15,000 Indian nationals stranded abroad amid the COVID-19-induced lockdown, India's Civil Aviation Minister Hardeep Singh Puri said on Tuesday.

The first two special flights that will operate from Thursday to evacuate Indians stranded in the UAE due to the coronavirus pandemic will begin with applicants from Kerala, who formed the majority of the expatriates who have registered to be repatriated from here, Indian Ambassador to the UAE Pavan Kapoor has said.

"All departing passengers will have to undergo medical screening and IGM/IGG test at the departure airport and only those cleared by the UAE health authorities and found to be asymptomatic will be allowed to board the plane,” the Indian Embassy in Abu Dhabi said on Tuesday.

According to the embassy, all passengers will be required to sign an undertaking to undergo compulsory quarantine at the destination of arrival and bear the cost of the same.

“Each passenger, at the time of boarding would be handed over a safety kit containing 2 three-layered face masks, 2 pairs of gloves and pouches/small bottles of hand sanitizers. While on board the flight, the health protocol of the Ministry of Civil Aviation of India will be strictly followed,” said the embassy.

The passenger lists for the two flights on May 7 have been finalised by the Embassy / Consulate and sent to Air India Express for issue of tickets.

The Embassy / Consulate will continue conveying the details of further special flights as and when they are announced by the Government of India, over the next few days.

Less than 2,000 Indians wishing to return home from the UAE will be flown to six Indian states in the first week of India’s biggest ever repatriation exercise named Vande Bharat Mission—sans social distancing and COVID-19 tests, the Gulf News reported.

Only those cleared by the UAE health authorities and found to be asymptomatic will be allowed to board the plane.

The short-listed applicants, who were contacted by the Indian missions on Tuesday to purchase tickets for the first two flights to Kerala on Thursday, told the Gulf News that the tickets are priced around Dh 725 to Dh 750 (over Rs 15,000).

Sharjah resident Rasheed Thayyil said his 70-year-old mother Nepheeza Thottungal, who came on a visit to the UAE in February, received an email from the Indian Consulate in Dubai which quoted an airfare of around Dh725 (approx Rs 15,000), the report said.

Another applicant from Abu Dhabi Ambily Babu said she purchased a ticket at Dh 750 from Air India Express for her Abu Dhabi-Kochi flight scheduled to fly on Thursday evening, it said.

Air India Express which is set to operate the first two flights to Kerala on Thursday will operate its Boeing 737-800 aircraft, with a seating capacity of 186 economy class seats, the report added.

With nine seats reserved for isolation, only 177 passengers would be flown, it said.

The Indian expatriate community of approximately 3.42 million is reportedly the largest ethnic community in the UAE constituting roughly about 30 per cent of the country's population, according to information available on the Indian Embassy website.

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