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 23,2020

Bengaluru, Mar 23: Karnataka Home Minister Basavaraj Bommai had warned those who chose to defy the lockdown order clamped in nine districts, to prevent the spread of the dreaded COVID-19 virus in the state. 

Speaking to newsmen, he said, "We have ordered for a lockdown in nine districts in the state to prevent the spread of the coronavirus and issued guidelines to follow it."

The nine COVID-19-affected districts are Bengaluru, Bengaluru Rural, Mysuru, Kodagu, Dakshina Kannada (Mangaluru), Dharwad, Belagavi, Kalaburgi and Chikkablapur.

According to Mr. Bommai, the State government will put in place further measures next week depending on how the situation will unfold in the State and the neighbouring States.

"Government offices will be operational in the State, including in the nine COVID 19-affected districts. As per the current schedule, the legislature sessions will also continue. Pourakarmikas will be working at 50% strength," he added.

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coastaldigest.com web desk
May 30,2020

Udupi, May 30: Following the announcement of re-opening of places of worship from June 8, Ibrahim Musliyar Bekal, the Qadhi of Udupi has called upon the Centre and State governments to issue uniform guidelines for Muslims to be followed while going to mosques for congregational prayers.

In a media statement, he said that even though the government is relaxing the lockdown in a phased manner things will not be like before as people have to follow the precautionary measures to control the spread of the coronavirus. 

He said that the union and state governments after holding discussions with the authorities of Central Waqf Council and the State Waqf Boards and Islamic scholars, should form a uniform guidelines for all mosques.

He also suggested a few guidelines such as offering congregational prayers soon after adaan, closing the mosque soon after prayers, maintaining physical distance and avoiding the use of toilet in mosques. 

He also suggested the sick, elderly people and children to prefer to offer prayers in homes instead of mosques until situation becomes normal. 

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News Network
April 11,2020

Bengaluru, Apr 11: The coronavirus-driven lockdown will continue for another 15 days, but relaxations will be allowed in a graded manner, Karnataka Chief Minister B S Yediyurappa said after a four-hour-long video conference with Prime Minister Narendra Modi on Saturday.

“Agriculture and industrial sectors will be given relaxation. Government offices will be allowed to work with partial strength. But the PM said detailed guidelines will be issued in two days,” Yediyurappa said, briefing reporters. 

“Importantly, the lockdown for the next two weeks will be different than how it was in the past three weeks. The Centre, keeping in mind economic activities, especially agriculture, industry and employment of labourers, the Centre will tell us what needs to be done,” the CM said.
 
According to Yediyurappa, PM Modi told all chief ministers that the next 2-3 weeks will be critical. “The next few weeks will decide whether or not we have succeeded. If the situation worsens, we have to face the crisis,” Yediyurappa said, quoting Modi. 

Apparently, Modi sought details on the COVID-19 situation from 12-13 states where the situation is grave. “He did not take a report from Karnataka,” Yediyurappa said. “This morning, seven new cases were reported in the state, taking our tally to 214. Nationally, we were in the third place; we’re now 11th,” he said, hailing the efforts of officials involved in fighting the pandemic. 

The CM said it was “inevitable” to continue the lockdown for another 15 days. “But for citizens to get essential supplies, there’s no bar on them going by walk alone. Also, we will see to it that agricultural activities are not affected anywhere,” Yediyurappa said.

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