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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 16,2020

Bengaluru, Feb 16: Radhakrishnan V Nair embarked on a journey of exploring complex subjects and opening up the cocoon of existence that puts people in a zone of comfort. One sole mission of the book is to encourage the readers to break out of that comfort zone.

The architect by profession has a novel to his credit, 'The Cave of Freedom' that had earned him critical acclaim from Jnanpith Awardee UR Ananthamurthy. On February 13, a discussion and the reading of his book had the audience riveted to their seats.

The launch of the book on February 13 at Bangalore International Centre was presided over by Bhaskar Rao, Commissioner of Police, Bengaluru, along with Vasudev Murthy, Technology Management Consultant, leadership trainer and author and Ramessh RK, an industrial designer and choir singer who read out passages from the book.

'Radhakrishnan is trying to inspire you to discover the pleasure of breaking the glass barrier along with the protagonist Dr Prateek. The story 'burst out'", said Radhakrishnan when it could not be contained any longer.

The glass ceiling saw a lot of interest from the audience present. The book includes Dr Prateek who is obsessed with saving lives in the Emergency Room (ER) as the world slept. Then on an eerie rainy night, he is kidnapped.

He struggles to come to terms with the improbability of waking up somewhere in Europe and making his serendipitous escape and being back at work the next morning - all physically impossible from the point of view of time and locality.

The glass ceiling challenges you to see tragedies and their impact on a person's mental well-being from a different perspective.

Radhakrishnan V Nair is an architect by profession and runs his Bengaluru-based firm - Archaid, the tagline of which is 'Architecture in Collaboration with Nature'.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 14,2020

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 16,2020

Hubballi, Feb 16: Rs 72,000 crore investment proposals were received at the Invest Karnataka meet, here on Friday, for the states northern region, said an official on Saturday.

"About 50 foreign and domestic firms have proposed to invest Rs 72,000 crore in the northwest and northern regions of the state and a dozen companies signed agreements with us," state Industries Department Secretary Gaurav Gupta said.

Rajesh Exports, Bengaluru-based group, signed an agreement to set up a manufacturing unit at Dharwad to rollout electric vehicles and make lithium ion batteries.

"Rajesh Exports proposes to invest about Rs 50,000 crore for manufacturing electric cars and lithium ion batteries for the domestic and overseas markets. It will generate about 10,000 jobs," said Gupta.

Similarly, Sonali Power has signed a pact with the state nodal agency (Udyog Mitra) to set up a solar power plant at Davangere at a cost of Rs 4,800 crore, which will generate 2,100 direct jobs.

Chief Minister B.S. Yediyurappa claimed several firms had come forward to collectively invest Rs 1 lakh crore since the BJP government came into being in July 2019.

"Many Indian and foreign firms will sign agreements with the state government at the 3-day Global Investors meet in Bengaluru on November 3-5," Yediyurappa said at the 'Invest Karnataka' meet.

Noting that Karnataka was rich in natural and human resources, especially in high-tech and skilled workforce, Yediyurappa said investment opportunities were plenty in aerospace, automobiles, machine tools, electric vehicles and bio-technology besides information technology.

"About 40 global firms expressed interest to invest in the state at a roadshow held at Davos, Switzerland, on the margins of the World Economic Forum (WEF) meet on January 23," he said.

Under the new industrial policy, the state government will set up clusters to make toys at Koppal, textiles in Bellari, solar equipment at Kalaburagi and farm machinery at Bidar.

"We are committed to make North Karnataka a power house of industries for the region's development, with Hubballi-Dharwad as the growth hub," Yediyurappa said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.