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 news network
June 24,2020

Udupi, Jun 24: Nearly four years after he was arrested in the murder case of NRI entrepreneur Bhaskar Shetty, the District Sessions court has granted conditional interim bail to Niranjan Bhat, one of the three prime accused in the case.

The development comes two days after the death of Niranjan’s father Srinivas Bhat(65). Though Srinivas and his driver Raghavendra were also arrested in the case on the accusation of destruction of evidence, they were released within a month.

Through his lawyer Niranjan had appealed to the court seeking bail to perform his father’s post-death rituals. 

After hearing the arguments, the court granted conditional interim bail till July 7 on furnishing a bond of Rs 5 lakh. The judge directed the accused to report to the court on or before July 7 to be taken into judicial custody.

Bhaskar Shetty, who owned a chain of supermarkets in Saudi Arabia, went missing from his house in Udupi on 28 July 2016. His mother Gulabi Shetty lodged a missing person complaint on July 29. The police arrested his wife Rajeshwari, her son Navaneeth and astrologer Niranjan Bhat on the charge of murdering Bhaskar Shetty and destroying the evidence, in Udupi on August 7, 2016. Rajeshwari is already out on bail. Navneet is still in prison.

Shetty was murdered at his house in Indrali and later his body was taken to Belman. It is alleged Niranjan Bhat had put the body of deceased Bhaskar Shetty in the pit used for Homa rituals and burnt it.

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News Network
January 8,2020

Bengaluru, Jan 8: The all-India shutdown by trade unions and other organisations began with little impact in the tech city as normal life continued on a working day, an official said.

"No effect of shutdown in the city though banking operations are affected as bank staff are supporting the trade unions," a state official said here.

However, thousands of workers participated in other parts of Karnataka in the nation-wide shutdown call given by trade unions, protesting central government's anti-labour laws and privatisation policies.

Protesters were seen carrying the red trade union flags at several places such as Hassan, Chamarajanagar, Tumakuru, Mysuru, Bengaluru and others.

Massive protests were seen in Peenya, and Neelmangla areas of Bengaluru.

In Madikeri, stones were pelted at a bus and some protesters were detained in Kolar.

The trade unions are against the privatisation of railways and corporatisation of 49 defence production units.

Merging 44 labour laws into four code is also one of the demands of the protesting trade unions.

The protesters are demanding raising the minimum wage in the range of ₹21,000 - 24,000 per month.

The All India Trade Union Congress (AITUC), Centre of Indian Trade Unions (CITU), Indian National Trade Union Congress and Labour Progressive Federation (LPF) have given an all-India shutdown (Bharat Bandh) call on Wednesday.

Karnataka Chief Minister B.S. Yediyurappa instructed the intelligence chief and additional director general of police Kamal Pant to maintain law and order in view of the Bharat bandh when he apprised him of the situation.

Police tightened security across the city by deploying 11 deputy commissioners of police (DCPs), 23 assistant commissioners of police (ACP), 111 inspectors, 316 sub-inspectors, 476 assistant sub-inspectors, 4,547 constables along with 82 platoons of Karnataka State Reserve Police (KSRP).

In Bengaluru city, Metro services were not affected by the nationwide strike. In view of the shutdown, security was beefed at the Metro stations.

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News Network
January 23,2020

Mangaluru/Bengaluru, Jan 23: A day after two senior functionaries of the BJP — a deputy chief minister and a political secretary to the chief minister — made provocative speeches against a minority community, Nalin Kumar Kateel, state president of the saffron party, on Wednesday issued a gag order, banning functionaries from talking on issues without the party’s approval.

Deputy CM Govind Karjol and Honnalli legislator MP Renukacharya had passed comments castigating Muslims, in the process seriously denting the image of the party which is trying to avoid controversies in its efforts to allay fears on the Citizenship (Amendment) Act. The comments come on the heels of Ballari City legislator Somashekara Reddy warning Muslims at a pro-CAA rally of repercussions if they do not fall in line.

Kateel said a gag order has been “clearly” communicated to all concerned at a recent meeting that he and chief minister BS Yediyurappa had chaired. “Our message to party functionaries is in line with what Prime Minister Narendra Modi has told his council of ministers and party MPs — to focus on their work and constituencies rather than comment on issues. Let them leave this task to official spokespersons of the party,” Kateel said.

However, it appears the message hasn’t gone through to Renukacharya, Yediyurappa’s political secretary. A day after courting controversy by saying anti-nationals were using mosques to store weapons, Renukacharya said he stood by his comments and launched a fresh tirade against madrasas, saying they were manipulating youth and encouraging terrorism.

Speaking to reporters on Wednesday, Renukacharya said: “In our [temple-run] institutions, nothing anti-national is taught. We only teach values that are mandated for life. But at madrasas, youth are manipulated by teaching terrorism. Why do we need such schools? The majority of those accused of terrorism are Muslims.”

He immediately followed up this comment by saying he did not imply all Muslims were terrorists. The Honnalli MLA justified his comments saying he did not receive a single Muslim vote in the 2018 assembly elections. “They [Muslims] come to us seeking our help. They want the BJP for development, but when it comes to elections, they vote for Congress and JD(S),” Renukacharya said. He said no “special packages” will be distributed to Muslims in his constituency.

Comments

neshu mangalore
 - 
Thursday, 23 Jan 2020

its really saddening the so called government functioneries making ill concieved statements on partic. community. its an eye opener for general public they make firm stand now on such element of provocative speech.

preach peace ... live and let others live peacefully...

INDIAN
 - 
Thursday, 23 Jan 2020

These parties and his ministers having nothing to do in the name of governance. Only divide society and preach hatred. Did he mention anything about the inflation, vegetable prices, there are many. Cheap politics I urge every Indian to open up your eyes and mind. This politician whichever party they belong we have appointed them to benefit us. Instead of that they are benefitting from us and are using us for their gains.

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