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 13,2020

Bengaluru, Jan 13: Though he submitted his resignation as leader of the opposition over a month ago, former chief minister Siddaramaiah continues as the face of the Congress in Karnataka.

However, this may change as All India Congress Committee (AICC) interim president Sonia Gandhi has summoned Siddaramaiah to Delhi for a final consultation over change of guard. Over the past month, there has been speculation over the possibility of Congress persisting with Siddaramaiah as opposition leader and either party troubleshooter DK Shivakumar or former ministers MB Patil, HK Patil or Eshwar Khandre replacing incumbent president Dinesh Gundu Rao. Both tendered resignations owing moral responsibility for the party's dismal performance in the 15 bypolls held last month.

In the past 24 hours, there has been talk of Siddaramaiah being asked to be the state unit president and vacating the other post for a young turk or experience legislator including the likes of Shivakumar who could be the face of KPCC by 2023 if he gets a clean chit from the ED in cases of money-laundering, etc. Seniors, including former KPCC president and DyCM G Parameswara and former minister HK Patil, are strong contenders to be leader of the opposition if Siddaramaiah is asked to vacate the post.

However, sources in the Siddaramaiah camp dismissed the possibility of him becoming KPCC president. "He has never aspired for the post and the high command is not inclined to do it," said a member in his camp.

Siddaramaiah may meet Sonia on Tuesday morning. It's still unclear if any other KPCC functionaries have been summoned. Sources said Sonia is scheduled to leave India for medical treatment on January 15 and wanted to complete the consultations about Karnataka. The high command has reportedly gone through reports submitted by party observers Madhusudan Mistry and Parameswara.

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News Network
January 29,2020

Bengaluru, Jan 29: The Karnataka unit of BJP has urged the Centre and the State governments to ban the Popular Front of India (PFI) and the Social Democratic Party of India (SDPI), accusing them of harbouring terrorist tendencies.

Addressing a press meet, N Ravi Kumar, state general secretary of the party, alleged that there was a nexus between the Congress, the PFI and the SDPI.

“Recent reports have exposed the links between the PFI and the Congress,” he said, accusing Congress leader Kapil Sibal of receiving huge funds from PFI to defend their cases in the Supreme Court.

He also accused the organisations as the ones responsible for the death of 23 Hindu activists in Karnataka. Such incidents have proven that both SDPI and PFI are dubious organisations, he said.

Comments

Muzaffar Ali
 - 
Thursday, 30 Jan 2020

PFI is the first kind of organization which is doing community work in all the walks of life.

and providing the helping hands to all the Indian community doing marvelous job.

this is the first organization fighting against corrupt and injustice following the principle of our father of nation mahatma Gandhi’s.

the corrupt and injustice people in the society not ready to accept their policy and trying to stop the voices of justice to the society.

I wish PFI and its sub organizations will continue to support to the society and keep the good work so that people are with you.

 

 

Fairman
 - 
Wednesday, 29 Jan 2020

Wah what a joke.

RSS is blamming others as terrorists.

 

Constitutionof RSS is a terrorism.  Stupid Hegevar and Savarkar are the heroes of illiterate stupid community.

The whole intelligent community including European Uniion and US openly declared.

 

This is the sure end and downfall of RSS, which will never come-up again. You woke-up of peace lovers.

Thank you.

 

You people are never fit to run even a small village and how come thinking of ruling a big country.

abdullah
 - 
Wednesday, 29 Jan 2020

RSS is the most active and first ever terrorist organisation in India and it should be banned first.    There is no proof of terrorist activities by SDPI and PFI.    BJP is afraid of these organisations as they give tought resistance to BJP and this is the reason why its planning to ban these organisations.    BJP is doing propoganda only.   Real thread for peace + harmoney in India by sanghis.   We should ban them first. 

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News Network
July 8,2020

Bengaluru, Jul 8: In yet another revenue generation measure, the Revenue department has issued an order permitting the sale of government land leased to various religious, industrial and other organisations.

Officials say that around Rs 2,250 crore will be generated in Bengaluru Urban district alone, if the order is implemented.

While rules for the process are yet to be formed, it has directed deputy commissioners of various districts to submit proposals for the sale of such lands leased by the government to various institutions under the Karnataka Land Grant Rules, 1969. The order came after a recent Cabinet decision. 

The order issued on July 6 says that government lands leased to private organisations, trusts, industries, educational, social welfare, religious and agricultural purposes can be regularised by paying the guidance value of the land, provided the organisation continued to use the land for the same purpose it was granted for.

If an organisation or trust wanted to convert the land for other purposes, it will be charged twice the guidance value. According to the order, land leased to organisations that are unwilling to purchase the land will be surveyed. “DCs should initiate measures to survey such lands and recover the unused land to the government,” it said.

Revenue Principal Secretary N Manjunath Prasad told DH that rules for the sale of such lands will be formulated shortly. “We have directed deputy commissioners to compile the extent of land leased to various organisations in their respective districts,” he said, noting that 921 acres were leased to private parties in Bengaluru Urban district.

From the 921 acres, the state government used to receive an annual rent of Rs 6.50 crore per year. Sale of leased land in Bengaluru Urban alone will generate around Rs 2,250 crore at current guidance values, Prasad said. 

The government is also pushing for regularisation of unauthorised buildings on Bangalore Development Authority (BDA) land and auction of corner sites to mobilise resources due to the severe economic difficulties in the wake of the Covid-19 pandemic and the state’s reduced share in central taxes.

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