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
May 3,2020

Bengaluru, May 3: Erection of barricades and drawing up of boxes or circles aimed at maintaining social distancing were seen in front of liquor shops in different parts of Karnataka on Sunday, a day ahead of their reopening after a gap of over 40-days, due to the lockdown.

Karnataka Excise Commissioner on Saturday had ordered that only CL-2 (retail shops) and CL-11C (state-run retail shops like Mysore Sales International Limited) would open from May 4.

It had permitted liquor sale liquor between 9 am and 7 pm only in areas that are outside COVID-19 containment zones.

Reports of barricades being erected to ensure that people stand in line and drawing of boxes or circles in front of shops to maintain social distancing in front of retail and MSIL shops have emerged from across the state, including the state capital.

Also reports about shop keepers doing special poojas outside liquor shops in Kolar and some even illuminating their outlets with lights from outside have surfaced from other parts of the state.

Meanwhile, officials were engaged in checking stocks ahead of the shops opening on Monday morning.

"We are making all preparations to ensure that government rules are followed. We also seek the cooperation of the people and police," the manager of a shop said.

Another said there may be a rush initially, after which things may get back to normal.

"We expect things to go on smoothly," he added.

Calling for number of customers to be limited to five at a time while ensuring that they maintain social distancing of not less than six feet distance, the order states that customers and the staff will have to wear masks and sanitizers should be used at the shops.

Only stand alone CL-2 and CL-11C shops are allowed to commence liquor sale and not those at malls and super markets, it said.

Officials in Bengaluru said liquor sale is prohibited in 26 containment zones in the city, while in other places rules that have been prescribed need to be followed.

In case of any violation, strict action would be taken, including imposing of penalty, they said.

There was pressure on the government to kick start economic activities, including allowing sale of liquor, to boost the state's finances as excise is the key area which generates revenue.

State Excise Minister H Nagesh had recently pegged the losses at Rs 60 crore per day because of closure of liquor shops, due to the lockdown.

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News Network
March 23,2020

Bengaluru, Mar 23: Karnataka Health Minister B Sriramalu on Monday confirmed that there are 27 positive coronavirus cases in the state so far.

A fresh COVID-19 positive case has been reported from Mysore today.

"One hospital in every district is dedicated to COVID-19 treatment. We have placed an order for 1000 ventilators. We have also ordered 10 lakh N90 mask, five lakh PPE testing kits, 15 lakh three-layer masks. Sanitizers and thermal scanners will also be purchased on-demand," said Sriramalu while addressing a press conference here.

The Karnataka Health Minister said that decision will also be taken to purchase lab testing kits and equipment.

Meanwhile, Dr Ashwath Marayan, Deputy Chief Minister, Karnataka said that all necessary measures are being taken to contain the spread of COVID-19.

"We will take important decisions as soon as possible. 80 per cent of the companies are following work from home. Critical and essential things should be provided in this situation and we have kept them available to serve the people," said Marayan.

"We have taken all the required decisions including the logistics and supply. Social distancing is much important and we will implement it," he added.

The total number of positive coronavirus cases in the country mounts at 415, according to the Indian Council of Medical Research (ICMR).

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News Network
June 12,2020

Bengaluru, Jun 12: The Karnataka government is mulling to issue caste and income certificates to Brahmins though they are in a minority, accounting a mere three per cent of the southern state''s seven crore population, an official said on Thursday.

"Though Brahmins are in a ''minority'' in terms of their population across the state, they need caste and income certificates to benefit from the welfare schemes as in the case of the SC, ST and OBC groups," an official said here.

The Karnataka State Brahmin Development Board was set up in March 2019 as a state-run company with Rs five crore authorized capital and Rs five crore equity and is registered with the Registrar of Companies.

"The Board has petitioned the state government to implement the 10 per cent quota for the economically weaker sections, as its benefit is being given by the central government jobs and in admissions to the national educational institutions," said its chairman H.S. Sachidananda Murthy.

Responding to the demand, state Chief Minister B.S. Yediyurappa said the state government would consider issuing caste certificates to the Brahmins so that they too can benefit from the state''s various welfare schemes.

"Though Brahmins belong to the forward community, they are economically weaker and need financial support," said Yediyurappa on Wednesday after unveiling the Board''s official website for all its stakeholders here.

Brahmins whose gross annual family income is less than Rs eight lakh per annum will be eligible for the benefit schemes.

"The Board will soon be authorised to issue caste and income certificates to the members of the Brahmin community so that they can also benefit from the schemes," said the chief minister on the occasion.

Noting that every community has people who are forward and backward economically for various, including historical reasons, Yediyurappa said the Board would be empowered to serve the Brahmins.

"The Board also proposes to provide interest-free loans to the financially weaker sections of the people in the Brahmin community," added Murthy.

The community members urged the Chief Minister to provide 10 per cent of the state government jobs and seats in state-run educational institutions, including professional collages.

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