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 11,2020

Bengaluru, Apr 11:  Amid nationwide lockdown in the wake of COVID-19, former Karnataka Chief Minister HD Kumaraswamy on Saturday urged the state government to announce a relief package for farmers.

Prime Minister Narendra Modi on Saturday held a video conference with Chief Ministers.

Taking to Twitter, Kumaraswamy wrote, "As the lock down continues, what action plan does the government have to tackle the challenges of ensuring marketing channels for farm produce with timely transport and ensuring uninterrupted supply of essential groceries to towns and cities?"

He later asked the government to act "swiftly and effectively".

"On one hand we see farmers throwing their produce in despair and losing their livelihoods. On the other hand supplies to towns are depleting. This is threatening both lives and livelihoods. The government must act swiftly and effectively," Kumaraswamy tweeted.

"I urge the state government to immediately announce relief package to farmers by way of direct benefit transfer mechanism and purchase all the agricultural produce so as to avoid farmer suicides," he added.

With 40 deaths and 1,035 new COVID-19 cases in the last 24 hours, India on Saturday witnessed a sharpest ever increase in coronavirus cases, taking the tally of the infected people in the country to 7,447, according to the Ministry of Health and Family Welfare.

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News Network
June 29,2020

Bengaluru, Jun 29: A 99-year-old woman has successfully recovered from coronavirus in Bengaluru, leaving the medical fraternity and her family elated.

The woman had contracted the pathogen after coming in contact with her grandson and was hospitalised on her 99th birthday on June 18.

The woman was taken to the government Victoria Hospital along with her 70-year-old son, daughter-in-law and grandson.

"While we three developed symptoms like cold, cough and fever, my mother remained asymptomatic," the woman's son said.

The family members are still wondering how they got infected by the virus as all except the woman's grandson, were confined to their home most of the time.

Her 29-year-old grandson was the only one who went out to buy groceries.

Initially, the family approached a private hospital nearby for treatment, but they refused to accept COVID-19 patients.

Left with no option, the family got admitted to the Victoria hospital.

"We had reservations about Victoria hospital, but it turned out be a good one.

We did not spend a penny since the day we were admitted and my mother and son fully recovered," the woman's son said.

According to Dr Asima Banu, nodal officer of the Trauma Care Centre at the Victoria hospital, the woman was reluctant to get treatment at the hospital.

"With moral support from doctors and nurses at the Trauma Care Centre, she recovered very fast. She is always positive in life," the doctor said.

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coastaldigest.com news network
May 20,2020

Mangaluru, May 20: The local unit of Bharatiya Janata Party has defended the delay in repatriation of coastal Kannadigas from Middle Eastern countries saying that it is impossible to bring all expatriate together at a time when covid-19 cases are continuing to spike in the region. 

Addressing a press conference, Sudarshan M, president of Dakshina Kannada unit of BJP said that the entire district administration was working as a team under the leadership local MP Nalin Kumar Kateel and district minister Kota Shrinivas Poojary and seven BJP MLAs in this critical juncture.

“Without any bias, we also have reached out to the needs of people of Mangaluru assembly constituency represented by former minister and Congress MLA U T Khader,” he said, adding that his party will not forget Indian expatriates in the Gulf too. 

Replying to the charge of not catering to the interests of Kannadigas stranded in the Middle East by way of arranging special flights, Sudarshan said this is part of a well-thought-out move to bring them in batches.

“It is impossible to bring back all Kannadigas stranded in Middle East all of a sudden. Their repatriation will be in phased manner based on facilities available in the district,” he said.

“The district authorities have created healthcare and quarantine facilities for a limited number, be it at Covid-19 hospital or institutional quarantine, and bringing them together will create logistical problems,” he said.

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