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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coastaldigest.com web desk
June 30,2020

Ballari, June 30: A video clip of dead bodies of covid-19 victims being disgracefully thrown into a pit said to be in Karnataka’s Ballari has gone viral on social media triggering outrage from netizens.

Ballari Deputy Commissioner SS Nakul ordered a probe. He told media persons that the veracity of the video is still under question and that it still needs to be established if the video was taken in Ballari.

In the video, a pit is seen which appears to be disinfected. The video features masked men covered in body suits bringing dead bodies from a black hearse van in black body bags one by one and throwing the dead bodies into the same pit. In all, three dead bodies are thrown into the same pit in the video.

"We have assigned an Additional Deputy Commissioner (ADC) to enquire and verify the same. We are awaiting reports. We don't know yet if it (the video) is from Ballari or not," Nakul said.

The district which has so far reported around 800 cases in the last three months has also witnessed around two dozen deaths.

Twitterati on Tuesday raised questions about the handling of the bodies. "Even dead have some respect and they deserved a decent burial," said a social activist from Ballari. Similar reactions echoed on social media and some also pointed out on how the family members who have to stay away from burials feel about it.

Covid burial protocol

According to the protocol set by the Union Health Ministry for the burial of Covid-19 patients, the patients' orifices (nose, mouth and ears) have to be sealed and the body has to be wrapped in three layers of personal protective equipment (PPE). Thereafter it should be placed in a body bag. Family members should not be allowed to accompany the body in the hearse van. Covid-19 victims have to be given a deep burial. The grave should be minimum 10-feet deep.

The grave should be disinfected with bleaching powder and the area should be cordoned off so that the general public is not in the vicinity.  The vehicle used to transport the dead body of a Covid-19 victim -- ambulance or a hearse van -- has to be disinfected for 16 hours before being used again. Most Covid-19 victims in the state have had burials in the absence of family members as they are generally in quarantine for being the primary contacts of the patient.

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News Network
July 6,2020

Bengaluru, Jul 6: Karnataka Chief Minister BS Yediyurappa on Monday said that the "country will have to learn to live with coronavirus as there are no options".

Yediyurappa made the remark after paying tribute to Babu Jagjivan Ram, on his death anniversary, at a ceremony in Vidhana Soudha.

"We don't have any other option, we have to learn to live with this virus. Even Prime Minister Narendra Modi has said the same thing. We have increased ambulances, we have made all arrangements to fight the pandemic. It is very important to safeguard ourselves," he said.

The Chief Minister added that the state government has made many arrangements to combat the widespread illness.

According to the Union Health Ministry, there is 23,474 number of COVID-19 cases in the state and 372 people have died due to the illness.

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News Network
July 13,2020

Bengaluru, July 13: As Bengaluru prepares for a seven-day lockdown from Tuesday following the spike in COVID- 19 cases, opposition parties in Karnataka have urged the government to enforce the measure in the entire state.

JD(S) patriarch H D Deve Gowda and Congress working president Eshwar Khandre have demanded that the entire state be placed under lockdown.

Welcoming the government's decision to implement the lockdown in Bengaluru Urban and Rural, Gowda said, "I urge the government through the media to enforce lockdown in the entire state."

The former Prime Minister in a statement appealed to people of the state and the entire country to wear masks while venturing out, maintain social distancing, clean hands with sanitizer regularly, and to come out only if there is necessary work.

Stating that allegations of misappropriation have been made by several leaders against the government in implementing measures and packages to control spread of the virus and its impact, Gowda said, "whatever it is let's discuss about it in the next legislature session, at present health of the people is important and let's focus on it."

The government should work in this direction, we are all with the government, let's not play with the health of the people, he said, adding that "I appeal that at least from here on work actively."

With a spike in Covid-19 cases, the Karnataka government on Saturday announced complete lockdown in Bengaluru Urban and Rural from July 14 to 22.

The lockdown is from 8 pm on July 14 to 5 am on July 22.

Congress leader Khandre, meanwhile reminded Chief Minister B S Yediyurappa that COVID cases and related fatalities were not only increasing in Bengaluru but also in the border districts of the state.

The situation was getting out of hand in Bidar, Kalaburagi, Yadgir, Raichur, Koppal, Ballari districts, he alleged.

"So implement strict lockdown once again in the state at least for fifteen days."

"Bring the situation under control. I appeal to the government that in this lockdown period at least to correct its past shortcomings and take all measures to face the pandemic efficiently in the future," he tweeted.

Meanwhile, Chief Minister B S Yediyurappa will be chairing video conference with Deputy Commissioners, Zilla Panchayat CEOs and Superintendents of Police of various districts regarding the COVID situation and the rains.

As of July 12 evening, cumulatively 38,843 COVID-19 positive cases have been confirmed in the state, which includes 684 deaths and 15,409 discharges.

Bengaluru Urban district tops the list of positive cases, with a total of 18,387 infections. Of the 2,627 fresh cases reported in the state on Sunday, a whopping 1,525 cases were from Bengaluru Urban alone.

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