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
January 30,2020

New Delhi, Jan 30: Tension spiralled in Jamia Nagar on Thursday after a man fired a pistol at a group of anti-CAA protesters, injuring a Jamia Millia Islamia student before walking away while waving the firearm above his head and shouting "Yeh lo aazadi" amid heavy police presence in the area.

Massive protests erupted in the area after the incident with hundreds of agitated people gathering near the university, breaking barricades and clashing with police personnel.

The man, who identified himself as "Rambhakt Gopal", was subsequently overpowered by police and detained. He was taken into custody and was being interrogated, police said.

The entire drama, which triggered panic in the area, was captured by television cameras that showed the man in light coloured pants and a dark jacket, walking away on an empty road barricaded by police, turning around and shouting at the protesters in Hindi, "Here, take this freedom."

The gunman went live on Facebook before the brandishing the gun. Police said they were verifying whether it is his real name.

Before the attack, the man also put out messages on Facebook stating "Shaheen Bhag Khel Khatam" (Run Shaheen, the game is over). Another message stated, "Please wrap me in saffron in my last journey with slogans of Jai Shri Ram". His Facebook profile was deleted after screenshots of his posts were circulated widely on social media platforms.

Several students recapped how their peaceful march on Gandhi's death anniversary became violent.

"We were moving towards the Holy Family Hospital where the police had raised barricades. Suddenly, a gun-wielding man came out and opened fire. One bullet hit my friend's hand," Aamna Asif, a student of economics at the university, told PTI.

She said her friend, Shadab Farooq, a mass communication student, was trying to calm the attacker but he shot at him injuring his left hand.

Farooq, who belongs to Kashmir, was taken to the AIIMS Trauma Centre.

Ragibh Naushad, an LLB student at the university, said, "The Jamia Coordination Committee organised a march to pay homage to Gandhi ji on his death anniversary. It started at 12 noon from Gate number 7, but police denied the permission and stopped the march near the Holy Family hospital.

"A man named Gopal, came there and started brandishing a weapon and later shot a round. He was also chanting pro-CAA slogans."

The incident led to panic in the area.

Khalid Hassan, a JMI alumnus, said initially many were not sure whether it was a gunshot or a tyre burst.

There was heavy police and media presence when the incident took place.

The students were heading from Jamia to Mahatma Gandhi's memorial Rajghat. The march was stopped at the Holy Family Hospital near the university.

Chinmoy Biswal, DCP (southeast), said the students wanted to take out a march from Jamia to Rajghat but were denied permission.

"They were being repeatedly told that the protest should be carried out peacefully. We had barricaded the road just before the Holy Family hospital. Meanwhile, a person was seen in the crowd who waved something which appeared to be a weapon."

"We have detained him and are interrogating him. One person has also been injured," Biswal said.

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News Network
April 17,2020

The coronavirus pandemic has sickened more than 2,425,000 people, according to official counts. So far at least 164,000 people have died, and the virus has been detected in at least 177 countries, as the following table shows.

United States 

780,330

37,782

Spain

200,210

20,852

Italy 

181,228

24,114

Germany

141,672

4,404

U.K.

124,743

16,509

France

114,657

20,265

Turkey

90,980

2,140

Mainland China

88,466

4,632

Iran

83,505

5,209

Russia

47,121

405

Brazil

40,743

2,587

Belgium

39,983

5,828

Canada

36,823

1,690

Netherlands

33,405

3,751

Switzerland

27,944

1,142

Portugal

20,863

735

India

18,539

592

Peru

16,325

445

Ireland

15,652

687

Austria

14,795

470

Sweden

14,777

1,580

Israel

13,713

177

Japan

10,915

168

South Korea

10,674

236

Chile

10,507

139

Saudi Arabia

10,484

103

Ecuador

10,128

507

Poland

9,593

380

Romania

8,936

478

Mexico

8,772

712

Pakistan

8,418

176

Singapore

8,014

11

Denmark

7,515

364

U.A.E.

7,265

43

Norway

7,156

181

Czech Republic

6,900

194

Indonesia

6,760

590

Serbia

6,630

125

Australia

6,625

71

Philippines

6,459

428

Belarus

6,264

51

Qatar

6,015

9

Ukraine

5,710

151

Malaysia

5,425

89

Dominican Rep.

4,964

235

Panama

4,467

126

Colombia

3,977

189

Finland

3,868

98

Luxembourg

3,558

75

Egypt

3,333

250

South Africa

3,300

58

Morocco

3,046

143

Bangladesh

2,948

101

Argentina

2,941

136

Thailand

2,792

47

Algeria

2,718

384

Moldova

2,548

70

Greece

2,245

116

Kuwait

1,995

9

Hungary

1,984

199

Bahrain

1,907

7

Croatia

1,881

47

Kazakhstan

1,852

19

Iceland

1,773

10

Uzbekistan

1,627

5

Iraq

1,574

82

Estonia

1,535

40

New Zealand

1,440

12

Azerbaijan

1,436

19

Oman

1,410

7

Armenia

1,339

22

Slovenia

1,335

77

Lithuania

1,326

37

Bosnia and Herzegovina

1,309

49

North Macedonia

1,225

54

Slovakia

1,173

13

Cameroon

1,163

42

Cuba

1,087

36

Ghana

1,042

9

Afghanistan

1,026

36

Hong Kong

1,025

4

Bulgaria

929

43

Tunisia

884

38

Ivory Coast

847

9

Djibouti

846

2

Cyprus

772

12

Latvia

739

5

Andorra

717

37

Lebanon

677

21

Nigeria

665

22

Costa Rica

662

6

Niger

648

20

Guinea

622

5

Albania

584

26

Burkina Faso

581

38

Kyrgyzstan

568

7

Bolivia

564

33

Uruguay

535

10

Kosovo

510

12

Channel Islands

488

24

Honduras

477

46

San Marino

462

39

West Bank & Gaza

449

3

Malta

431

3

Jordan

425

7

Taiwan

422

6

Georgia

402

4

Senegal

377

5

Congo

332

25

Mauritius

328

9

Montenegro

312

5

Sri Lanka

304

7

Isle of Man

300

9

Guatemala

289

7

Kenya

281

14

Vietnam

268

Venezuela

256

9

Tanzania

254

10

Mali

246

14

Somalia

237

8

Jamaica

223

5

El Salvador

218

7

Paraguay

208

8

Faroe Islands

185

Republic of the Congo

160

6

Rwanda

147

Brunei

138

1

Gibraltar

132

Cambodia

122

Madagascar

121

Gabon

120

1

Myanmar

119

5

Trinidad and Tobago

114

8

Ethiopia

111

3

Sudan

107

12

Liberia

99

8

Aruba

97

2

Monaco

94

3

Bermuda

86

5

Togo

84

6

Liechtenstein

81

1

Equatorial Guinea

79

Barbados

75

5

Maldives

69

Cape Verde

67

1

Sint Maarten

67

10

Cayman Islands

66

1

Guyana

65

7

Zambia

65

3

Bahamas

60

9

Haiti

57

3

Uganda

56

Benin

54

1

Libya

51

1

Guinea-Bissau

50

Macau

45

Sierra Leone

43

Eritrea

39

Mozambique

39

Syria

39

3

Chad

33

Mongolia

33

Nepal

31

Zimbabwe

25

3

Angola

24

2

Eswatini

24

1

Antigua and Barbuda

23

3

Timor-Leste

22

Botswana

20

1

Laos

19

Belize

18

2

Fiji

18

Malawi

17

2

Dominica

16

Namibia

16

Saint Kitts and Nevis

15

Saint Lucia

15

Curaçao

14

1

Grenada

14

Central African Republic

12

Saint Vincent and the Grenadines

12

Falkland Islands

11

Greenland

11

Montserrat

11

Seychelles

11

Turks and Caicos Islands

11

1

Gambia

10

1

Nicaragua

10

2

Suriname

10

1

Vatican City

9

Mauritania

7

1

Papua New Guinea

7

Western Sahara

6

Bhutan

5

British Virgin Islands

5

1

Burundi

5

1

South Sudan

4

São Tomé and Príncipe

4

Anguilla

3

Yemen

1

 

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News Network
February 14,2020

New Delhi/Washington, Feb 14: India has offered to partially open up its poultry and dairy markets in a bid for a limited trade deal during US President Donald Trump's first official visit to the country this month, people familiar with the protracted talks say.

India, the world's largest milk-producing nation, has traditionally restricted dairy imports to protect the livelihoods of 80 million rural households involved in the industry.

But Prime Minister Narendra Modi is trying to pull all the stops for the US President's February 24-25 visit, aimed at rebuilding bonds between the world's largest democracies.

In 2019, President Trump suspended India's special trade designation that dated back to 1970s, after PM Modi put price caps on medical devices, such as cardiac stents and knee implants, and introduced new data localization requirements and e-commerce restrictions.

President Trump's trip to India has raised hopes that he would restore some of the country's US trade preferences, in exchange for tariff reductions and other concessions.

The United States is India's second-largest trade partner after China, and bilateral goods and services trade climbed to a record $142.6 billion in 2018. The United States had a $23.2 billion goods trade deficit in 2019 with India, its 9th largest trading partner in goods.

India has offered to allow imports of US chicken legs, turkey and produce such as blueberries and cherries, government sources said, and has offered to cut tariffs on chicken legs from 100 per cent to 25 per cent. US negotiators want that tariff cut to 10 per cent. The Modi government is also offering to allow some access to India's dairy market, but with a 5 per cent tariff and quotas, the sources said. But dairy imports would need a certificate they are not derived from animals that have consumed feeds that include internal organs, blood meal or tissues of ruminants.

New Delhi has also offered to lower its 50 per cent tariffs on very large motorcycles made by Harley-Davidson, a tax that was a particular irritant for President Trump, who has labelled India the "tariff king." The change would be largely symbolic because few such motorcycles are sold in India.

President Trump will be feted in PM Modi's home state of Gujarat, then hold talks in New Delhi and attend a reception that the hosts have promised will be bigger than the one organised for former president Barack Obama in 2015.

But it is far from clear whether India's offers will be enough to satisfy US Trade Representative Robert Lighthizer, who cancelled plans for a trip to India this week. Instead, he has held telephone talks with Commerce Minister Piyush Goyal.

The US dairy industry remained sceptical on Thursday that a viable deal is at hand.

"We're always looking for market access, but in terms of India, as of today I'm not aware of any real progress going on," said Michael Dykes, president of the International Dairy Foods Association and a member of USTR's agricultural trade policy advisory committee.

Mr Dykes said the US dairy industry was looking for access in viable commercial quantities.

A USTR spokesman and India's trade ministry did not respond to requests for comment.

A parliament panel is reviewing a draft data privacy law that imposes stringent controls over cross-border data flows and gives the government powers to seek user data from companies.

It is not clear whether it will be passed, or in what form, but the possibilities have unnerved US companies and could raise compliance requirements for Google, Amazon.com Inc, and Facebook.

The draft law is not part of the trade discussions, Indian officials say, because the issue is too difficult to resolve at the same time.

"The privacy and localization piece will be raised independently and in concert with the trade discussions," said a Washington-based source with knowledge of the US administration's thinking.

President Trump on Tuesday was non-committal about sealing a trade deal before his visit. "If we can make the right deal, we'll do it," he told reporters.

Two US sources said progress had been made on proposed alterations to the medical device price caps. India's new import tariffs on medical devices, walnuts, toys, electronics and other products on February 1 surprised US negotiators, however.

The new tariffs were aimed at China, which also makes medical devices, according to an Indian government source. "We have to protect our market and our companies," the source said.

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