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
March 13,2020

Bhopal, Mar 13: The Madhya Pradesh Economic Offences Wing (EOW) on Thursday decided to verify facts afresh in a complaint against former Union Minister Jyotiraditya Scindia and his family, in which they are accused of falsifying a property document while selling land.

The development came after Mr Scindia quit the Congress and joined the BJP on Wednesday. 22 MLAs who belong to his camp also resigned, threatening the survival of the Kamal Nath government in the state.

"Yes, an order has been given for re-verification of facts in the complaint filed by Surendra Shrivastava," an Economic Offences Wing official told PTI.

An EOW release said Mr Shrivastava on Thursday filed a new complaint against Mr Scindia and his family, alleging that by falsifying a registry document, they sold him a piece of land at Mahalgaon which was smaller by 6,000 sq feet than the original agreement in 2009.

He had lodged the complaint first on March 26, 2014. But it was investigated and closed in 2018, the EOW official said. "As he again petitioned us today, we will re-verify the facts," the officer said.

Jyotiraditya Scindia's close aide Pankaj Chaturvedi alleged that it was political vendetta.

"The case had been closed for want of evidence. Now for vengeance, it is being reopened. We have full faith in the Constitution and law. We will get justice and Kamal Nath government a befitting reply," Mr Chaturvedi said.

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News Network
March 27,2020

Mysuru, Mar 27: A 35-year old man from Mysuru, Karnataka was tested positive for coronavirus infection on Thursday, taking the state-wide count to 52 altogether.

This new case could be an indication that Covid-19 has entered into the third stage of community transmission in Karnataka, as the infected person neither has any travel history nor have been in contact with Covid-affected persons.

The patient works in the quality assurance section of a pharmaceutical company in Nanjangud in Mysuru district, and has been in continuous contact with medical care professionals.

Mysuru DC Mr Abhiram G Shankar informs that detailed investigation is under process.

He is currently undergoing treatment at an isolation ward in a designated hospital in Mysuru. So far his seven primary contacts have been traced and they are under home quarantine, Mr Abhiram Shankar said.

A 35 year old Mysurean, and another 46 year old Keralite, both who had come from Dubai, were the first and second cases tested positive for Covid-19 in Mysuru. They are also currently kept under isolation.

Mysuru district administration has identified 898 international passengers in Mysuru district including 152 in the taluks. Among them, while 149 persons have completed home quarantine period by now, the rest are still in isolation.

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News Network
January 25,2020

Bengaluru, Jan 25: Several women have completed a 24-hour protest here against the Citizenship Amendment Act (CAA) and are going strong to stretch it to 48 hours.

"More than a thousand women gathered on the Masjid Road at Frazer Town to denounce the CAA and National Register of Citizens (NRC)," participant and Mount Carmel College student Noor Zahira told IANS.

The women protesters extended their support to the students in Jamia Millia Islamia, the Aligarh Muslim University, the Jawaharlal Nehru University and others who were recently roughed up allegedly by police and masked goons.

Zahira, 20, said the women's protest was planned only for 24 hours but is continuing to touch 48 hours.

Starting 3pm on Thursday, the women, several of them in burqas, niqabs and hijabs, are sitting on the road just outside the Haji Sait mosque in Frazer Town in a flash protest. Though they have informed the police, they did not wait for the permission. Around 11 pm, police arrived and shut off the protesters' loud speakers.

Zahira said already four such women's anti-CAA protests were taken out in Bengaluru. Women from all ages groups have joined the protest and are sloganeering.

As the women are protesting on the road, men are guarding them standing on the opposite road, ensuring all supplies such as food and others to them, she added.

"Muslim women were not alone in denouncing the CAA... we were joined by the transgenders, Hindu women, Christian women, Dalits and others, " she said.

Some of the protesters also indulged in creative work such as composing songs against the CAA and making placards.

Though four anti-CAA women's protests happened at the Town Hall and other landmarks in Bengaluru, they were only a few hours long.

The protesting women are also showing support to women protesters at Shaheen Bagh in Delhi who were accused of demonstrating for Rs 500. However, the protest did not align anti-CAA demonstration with any political party, keeping it apolitical.

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