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
June 5,2020

Bengaluru, Jun 5: A COVID-19 patient, who was admitted to Victoria hospital, has recovered from the disease after he was administered convalescent plasma therapy.

He is the second patient in the state who has recovered from COVID-19 after the therapy.

"I am happy to inform the second plasma therapy patient has recovered and shifted out of ICU. This middle-aged patient was admitted in Victoria hospital ICU with severe COVID-19 illness and was also diabetic with poor sugar control," Dr Vishal Rao, HCG Hospital Bengaluru said.

"The patient received convalescent plasma on May 27, since then there was steady improvement in patient's condition and was taken off high flow nasal oxygen on June 2, 2020, and is at present on a minimal oxygen, shifted toward yesterday. With the rapid recovery we hope to discharge the patient soon," he said.

Speaking further, Rao said: "This is a significant improvement and reassuring. We hope to see him recover completely and will closely monitor the condition going forward to send the patient from ward to home."

In Karnataka, 4,320 coronavirus cases have been reported including 1,610 cured/discharged/migrated and 57 deaths, according to the Ministry of Health and Family Welfare. 

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News Network
June 4,2020

Jun 4: Belur Mutt, the global headquarters of Ramakrishna Mutt and Ramakrishna Mission, has decided to throw open its gates to the devotees from June 15 after putting in place all safety measures required to contain the spread of COVID-19.

The gates of the sprawling premises of the mutt set up by Swami Vivekananada at Belur near here was closed since the lockdown was announced in March by the Centre. The Mutt has devotees from across the globe.

The secretary of Belur Mutt Ramakrishna Mutt and Ramakrishna Mission, Swami Suvirananda said in a statement that as the easing down of lockdown measures announced by the Centre and the state did not indicate the threat caused by COVID-19 pandemic is over, the authorities thought it prudent to put in place all the measures required before opening the gates of the Mutt and all RKM centres in the country for the scores of devotees.

The statement was issued on June 1, the day religious places of worship were thrown open by the West Bengal government.

"We had to think about both aspects - the issue of public health and also the wish of our devotees for having a darshan of the shrines of Swami Vivekananda, Sri Sarada Maa and Ramamrishna Paramahansa. But we believe spirituality and sceintific temparament must go hand in hand," he told reporters on Thursday.

"Therefore it is imperative for us to consult experts and put in place adequate arrangement and infrastructure" before opening the (Belur Mutt) gates," he said.

The senior monk said the timing of the opening and closure of the shrine and all other details conforming the health protocol and guidelines will be announced before opening date.

The Mutt complex had become totally out of bound for visitors from March 24 when the lockdown was clamped. There was restricted entry to it since May 16.

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News Network
February 21,2020

Bengaluru, Feb 21: Amulya Leona, a college student, who raised to pro-Pakistan slogans to embarrass organisers of a protest against the Citizenship (Amendment) Act (CAA) here on Thursday evening, has been charged with sedition.

The student-activist, who was allowed to talk on stage, suddenly raised pro-Pakistan slogans. She was arrested by police after All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi snatched her mike.

Deputy Commissioner of Police Ramesh Bannoth confirmed the girl has been charged with sedition, provoking enmity between groups, and intentional insult to provoke breach of peace.

It was just after Mr. Owaisi’s arrival on the stage at Freedom Park here that the 19-year-old student was asked to speak. After preliminary remarks, she suddenly shouted “Pakistan zindabad” thrice, leaving the crowd and organisers stunned.

Some of the organisers rushed to her and tried to take the mike away and stop her from speaking further. Mr. Owaisi too joined in and snatched the mike. Holding on to the mike, the girl then went on to shout “Hindustan zindabad” twice, before a posse of police personnel and organisers whisked her away from the stage

Soon after the student was taken away, a visibly upset Mr. Owaisi told the crowd: “Whatever has been spoken [by the girl] is wrong. Neither my party nor I has any connection with it. As long as we are alive, we will be raising Bharat zindabad slogans. Never had we any relationship with Pakistan nor will we have anything in future,” he announced.

He further stated: “This is condemnable. The organisers should not have invited such people to this place. If I had known that these kind of things would be said here, I would not have come here.”

It is unfortunate that the organisers have invited such people and a wrong message is going out, he said. “Now, BJP has got an opportunity and will blame me,” he added.

Every speaker, who took the podium after the incident, condemned the pro-Pakistan slogans raised by Amulya.

Janata Dal (S) councillor representing Gurappanapalya, Imran Pasha, one of the organisers of the protest under “Hindu, Muslim, Sikh, Isayi Federation”, claimed that they had not invited the “activist” and were not aware that she would be speaking from the stage. Mr. Pasha said that such statements were “a deliberate attempt to drive a wedge between Hindus and Muslims”.

Meanwhile, the BJP State unit tweeted, “Truth is that protests against CAA are a joint venture between Pakistan and anti-National forces led by INC India.” In a press release, BJP State unit president Nalin Kumar Kateel termed this as an “anti-national act” and urged the police to take action.

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