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
April 8,2020

Bengaluru, Apr 8: In a strong show of support, Karnataka Chief Minister BS Yediyurappa stood behind the minorities in the state and said no one should target the Muslim community over the coronavirus crisis and the Tablighi Jamaat.

He said those communalising the issue will be dealt with strictly.

BS Yediyurappa was speaking to a regional media channel when he said "Nobody should speak a word against Muslims. This is a warning. If anyone blames the entire Muslim community for some isolated incident, I'll take action against them also without a second thought. Will not allow that to happen."

Since then, many have welcomed the CM's remarks including the opposition.

Former Karnataka Congress president Dinesh Gundu Rao tweeted and said that other BJP leaders should follow the Karnataka CM and that it's a welcome step.

Congress president DK Shivakumar too said he agrees with the chief minister and that no one should target one community. "The CM should also act strictly against people posting communal remarks on social media and issue an order."

Earlier, Karnataka CM BS Yediyurappa held a meeting with minority opposition MLAs and MLCs and urged them to pass the message within the community asking those who had attended the Delhi Nizamuddin Markaz event to come and get tested for Covid-19.

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News Network
January 24,2020

Newsroom, Jan 24: BJP leader and Udupi-Chikkamagaluru MP Shobha Karandlaje has been booked by Kerala police over a misleading and communally provocative social media post.

Karandlaje had tweeted that that Hindus from a colony in Kuttipuram in Malappuram district were denied water supply as they supported the the Citizenship Amendment Act (CAA). 

"Kerala is taking baby steps to become another Kashmir. Hindus of Kuttipuram Panchayat of Malappuram was denied water supply as they supported #CAA2019. #SevaBharati has been supplying water ever since. Will Lutyens telecast this intolerance of PEACEFULS frm God's Own Country!?," she tweeted. 

A case has been booked under section 153(A) of IPC (promoting enmity between different groups on grounds of religion, race etc). Karandlaje took to Twitter to slam the Kerala government, and said it had lodged a complaint against her instead of acting against the discrimination faced by dalit families of Cherukunnu. 

"It is high time the society unites against these pressure tactics of a non-performing, biased left government," she said. 

Karandlaje claimed that the CAA had been accepted by both houses of Parliament and people supporting the Act were facing boycott in business and were being denied basic amenities and jobs. "The CPI(M) government is blind to all these incidents across Kerala, but files a case against me for speaking the truth!" she retorted.

According to reportage from multiple outlets, the colony in Malappuram district's Kuttippuram was dependent on a private individual for water; then came accusations that they were denied the water for attending BJP's pro-CAA rally. 

A resident of the colony was quoted by a newspaper, “We were denied drinking water because our husbands participated in a meeting organised to gather support for the CAA. Some people told the family that they should not give drinking water to us because CAA is a threat to the people in their community.” 

However, the individual in question denied the accusation, claiming a lack of water because of technical issues.

The case was registered after a complaint by lawyer Subhash Chandran, a resident of Malappuram. Aravindan E.A., SI of Kuttippuram police, said, "From a private person's borewell, water was being provided to the people of the colony. This motor had taken for agricultural work and he was recently issued a warning by State Electricity Board. He was told that if he uses the motor for any other purpose, power supply would be disconnected. He then had stopped using the pump following the crisis worsened.”

Comments

Vishwas
 - 
Friday, 24 Jan 2020

This is BJP's usual drama. If your bloody seva bharathi people denied water, there is strong govt and youths to provide water. and other facilities

Yashwantha
 - 
Friday, 24 Jan 2020

Sobhakka's adhika prasanga wont work in kerala. She should visit kerala and experience. She can only boast via social media

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News Network
January 2,2020

United Nations, Jan 2: Nearly 400,000 babies were born around the world on New Year's Day with India recording the highest number of these births worldwide at 67,385, the UN children's agency said.

An estimated 392,078 babies were born around the world on New Year's Day, according to UNICEF. Of this, an estimated 67,385 babies were born in India, the most globally. China comes in second with 46,299 births.

The beginning of a new year and a new decade is an opportunity to reflect on our hopes and aspirations not only for our future, but the future of those who will come after us,” UNICEF Executive Director Henrietta Fore said.

As the calendar flips each January, we are reminded of all the possibility and potential of each child embarking on her or his life's journey—if they are just given that chance.”

Fiji in the Pacific most likely delivered 2020's first baby, while the US, the last of the New Year's Day. Globally, over half of these births were estimated to have taken place in eight countries - India (67,385), China (46,299), Nigeria (26,039), Pakistan (16,787), Indonesia (13,020), United States of America (10,452), Democratic Republic of Congo (10,247) and Ethiopia (8,493).

Each January, UNICEF celebrates babies born on New Year's Day, an auspicious day for child birth around the world, it said. However, for millions of newborns around the world, the day of their birth is far less auspicious.

In 2018, 2.5 million newborns died in just their first month of life; about a third of them on the first day of life. Among those children, most died from preventable causes such as premature birth, complications during delivery, and infections like sepsis. In addition, more than 2.5 million babies are born dead each year.

UNICEF said over the past three decades, the world has seen remarkable progress in child survival, cutting the number of children worldwide who die before their fifth birthday by more than half. But there has been slower progress for newborns. Babies dying in the first month accounted for 47 per cent of all deaths among children under five in 2018, up from 40 per cent in 1990.

UNICEF's Every Child Alive campaign calls for immediate investment in health workers with the right training, who are equipped with the right medicines to ensure every mother and newborn is cared for by a safe pair of hands to prevent and treat complications during pregnancy, delivery and birth.

Too many mothers and newborns are not being cared for by a trained and equipped midwife or nurse, and the results are devastating,” said Fore. “We can ensure that millions of babies survive their first day and live into this decade and beyond if every one of them is born into a safe pair of hands.”

India is projected to surpass China as the world's most populous country around 2027. According to UN estimates, India is expected to add nearly 273 million people between 2019 and 2050, while the population of Nigeria is projected to grow by 200 million. Together, these two countries could account for 23 per cent of the global population increase to 2050.

China, with 1.43 billion people in 2019, and India, with 1.37 billion, have long been the two most populous countries of the world, comprising 19 and 18 per cent, respectively, of the global total in 2019. Through the end of the century, India is estimated to remain the world's most populous country with nearly 1.5 billion inhabitants, followed by China with just under 1.1 billion, Nigeria with 733 million, the US with 434 million, and Pakistan with 403 million inhabitants.

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