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 web desk
June 30,2020

Ballari, June 30: A video clip of dead bodies of covid-19 victims being disgracefully thrown into a pit said to be in Karnataka’s Ballari has gone viral on social media triggering outrage from netizens.

Ballari Deputy Commissioner SS Nakul ordered a probe. He told media persons that the veracity of the video is still under question and that it still needs to be established if the video was taken in Ballari.

In the video, a pit is seen which appears to be disinfected. The video features masked men covered in body suits bringing dead bodies from a black hearse van in black body bags one by one and throwing the dead bodies into the same pit. In all, three dead bodies are thrown into the same pit in the video.

"We have assigned an Additional Deputy Commissioner (ADC) to enquire and verify the same. We are awaiting reports. We don't know yet if it (the video) is from Ballari or not," Nakul said.

The district which has so far reported around 800 cases in the last three months has also witnessed around two dozen deaths.

Twitterati on Tuesday raised questions about the handling of the bodies. "Even dead have some respect and they deserved a decent burial," said a social activist from Ballari. Similar reactions echoed on social media and some also pointed out on how the family members who have to stay away from burials feel about it.

Covid burial protocol

According to the protocol set by the Union Health Ministry for the burial of Covid-19 patients, the patients' orifices (nose, mouth and ears) have to be sealed and the body has to be wrapped in three layers of personal protective equipment (PPE). Thereafter it should be placed in a body bag. Family members should not be allowed to accompany the body in the hearse van. Covid-19 victims have to be given a deep burial. The grave should be minimum 10-feet deep.

The grave should be disinfected with bleaching powder and the area should be cordoned off so that the general public is not in the vicinity.  The vehicle used to transport the dead body of a Covid-19 victim -- ambulance or a hearse van -- has to be disinfected for 16 hours before being used again. Most Covid-19 victims in the state have had burials in the absence of family members as they are generally in quarantine for being the primary contacts of the patient.

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News Network
April 20,2020

Bengaluru, Apr 20: As many as 59 people were arrested on Monday for attacking police and health officials at the minority dominated Padarayanapura in the city when they went to quarantine some people, police said.

"Fifty-nine people have been arrested (in Padarayanapura) and have been taken into custody. The people attacked the officials who had gone to quarantine some poeple who were the primary and secondary contacts of three COVID-19 patients," a police officer said.

A large number of people, mostly youth from the minority community poured on to the road on Sunday and thrashed the health workers who had gone to quarantine some people who were the primary and secondary contacts of the health workers.

The officials were allegedly beaten black and blue.

Some local residents who went to the rescue of these officials were also thrashed.

According to police, one among the arrested is a woman by name Firoza who had allegedly instigated the mob to attack the health and police officials.

Subsequently, a large number of police personnel were deployed in the area to avert any untoward incident and to quarantine those who are suspected to be infected with COVID- 19.

Blowing sirens, a strong contingent of policemen carried out a flag march in the area.

The Bengaluru police commissioner Bhaskar Rao later called on Chief Minister B S Yediyurappa and briefed him about the situation in Padayarayanapura.

The violent incident drew angry reactions from various quarters.

Karnataka Home Minister Basavaraj Bommai said an incident like the one at Padayarayanapura will not be tolerated.

"I met Chief Minister and briefed him about the incident. He has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people. Five FIRs have been registered," the minister told reporters.

Bommai, who visited the area took the senior police officials to task for not being present on the spot when the incident took place.

"Where were you? What were you doing when the incident happened?" he questioned a senior police officer.

"We will demonstrate to the people what is containment zone, what is seal down and what is police action," he said.

Condemning the incident, Health Minister B Srimulu warned those who indulged in such activities.

"The inhuman act of attacking police and health workers in Padarayanapura is highly deplorable. Our government will take appropriate step against those indulging in the attack on health officials and police officials who had gone there to protect them," he tweeted.

BJP's firebrand MP Shobha Karandlaje reacted sharply.

"Seculars attack #CoronaWarriors when they were quarantining the secondary contacts of #Covid19 in Padarayanapura of BLR. While #HealthcareHeroes are working overnight to contain #CoronaPandemic, these morons are assaulting our heroes! Let's not be soft on these anti- nationals!" Karandlaje tweeted.

Meanwhile, the minority leaders called on Congress state president D K Shivakumar to persuade the people of the minority community to assist in identifying the COVID-19 patients or carriers.

Former chief minister H D Kumaraswamy too condemned the attack and demanded stringent action against the culprits.

The Congress MLA from the area B Z Zameer Ahmed Khan while condemning the incident, sought to know why the health workers and police officials went to the area late in the night and not in the morning.

"Why did the police and the health workers go in the night when I had told the BBMP Commissioner that I will take them at 10 am?" Khan told reporters.

Defending those who attacked the government officials, Khan said they were uneducated labourers who didn't know what they were doing.

Padarayanapura and Bapuji Nagar were among the first areas to be completely sealed as people were not abiding by the prohibitory orders under Section 144 of the CrPC.

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News Network
April 23,2020

Bengaluru, Apr 23: Nine new COVID-19 positive cases have been reported in Karnataka in the last 24 hours.

Out of these nine coronavirus positive cases, five have been reported from Kalaburagi and two each from Mysuru and Bengaluru.

According to the government of Karnataka, the total number of positive cases in the State now stands at 427 including 131 cured or discharged cases and 17 deaths.

The total number of positive coronavirus cases across the country are 19,984, including 15,474 active cases of the virus. So far, 3,869 patients have either been cured or discharged while 640 deaths have been recorded in the country, as per data provided by the Union Ministry of Health and Family Welfare.

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