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 26,2020

Newsroom, Jan 26: An Indian Muslim youth who had applied for a job in Dubai has been left aghast after his prospective employer, who happens to be an Indian, mailed back chiding him for looking for work and suggested that he should make a living (sic) by joining anti-CAA protestors in Shaheen Bagh in New Delhi.

Shaheen Bagh is the epicentre of ongoing mass demonstrations against contentious Citizenship Amendment Act.

Abdulla S.S, a 23-year-old youth from Kerala, who had applied for a mechanical engineer’s position in Dubai said he is still reeling from the shock of the email he got from UAE-based Indian expat Jayant Gokhale in response to his job application last week.

Hostile response 

“Just a thought. Why u need a job? Go to Delhi and sit in Shaheen Bagh for protest. Every day you will get Rs 1000. Free food i.e Biryani, Unlimited amount of Tea and Milk, some time sweets also,” Gokhale said in the email which has since gone viral.

Scores have shared the email on social media seeking action against Gokhale who runs a consultancy in Dubai. Many said the email is offensive on two counts. First, it ridicules and discriminates a job seeker on the basis of his religious identity and, second, it undermines the credibility of Shaheen Bagh protestors by suggesting that they are being paid to sit in.

Abdullah said he’s sad and appalled. “I shared Mr Gokhale’s email with some friends. Who would have thought it would go viral. I don’t want any controversy. All I want is a job,” he was quoted as saying.

Gokhale apologises

“I am suffering from ill-health and undergoing dialysis. My email is being blown out of proportion. I didn’t mean what I wrote,” Gokhale was quoted as saying by a Gulf based newspaper. 

“My message to candidate was not intended to hurt anyone in any manner or discriminate. I have already sent apology message to the concerned person [Abdullah],” he said in the email reproduced here ad verbum. “I very much value UAE’s outlook, policies and culture. I do not in anyway like to go against values of UAE. In fact I am very thankful to UAE for looking after my health,” he added.

Comments

Vincent
 - 
Wednesday, 29 Jan 2020

This hate monster is commenting as if his Father and God Father are financing the people agitating agaisnt CAA/NCR.    How about the bjp candidates who are distributing money among voters.   Video is viral showing ladiest from bjp distributing cash to people for voting bjp in delhi election.   EC should take note of this and ban bjp from contesting as its against our constitution.   bjp is doing everythign agaisnt constitution and labels others as anti indians.   bjp nhever honours or accept indian constitution.   CAA is the proof for it.   CAA is 100 perent agaisnt our constitution.   Shame on you bjp.    We should unite and make bjp lose all the seats. 

SHAKUR
 - 
Wednesday, 29 Jan 2020

put him in UAE jail to get free biriyani

Jayant Gokhale
 - 
Tuesday, 28 Jan 2020

It is no wonder that this character is undergoing Dialysis. With the hate mentality that he is carrying, it is not wonder that GOD has given him punishment in the form of non-functional kidney. His apology is fake, the moment he lands in Mubai, he wil wag his tale again in his pathological hate for Muslims while licking mUslim shit.

shakeel
 - 
Tuesday, 28 Jan 2020

i appeal UAE govt to gave him severe punishment and sent him back with life ban to uae ...

Gaggle
 - 
Monday, 27 Jan 2020

HYpocricy is one thing common among all RSS terrorists 

Indian Soul
 - 
Monday, 27 Jan 2020

RSS Gokhale..sitting in muslim country, eating muslim money, cleaning muslim shit and talk about discrimination...after that he apologises..

 

he says that he he is suffering from dialysis...why he hate muslim people and the people who protest the anti nation BJP party.

 

if his heart is clean GOD will defenitly give him good life till his death...look at LK advani now..the man who mastermind in demolishing baber masjid now wher he is...GOD humiliate him every minuite in all aspect..GOD knows how he is going to die...

 

so love human who ever it is...hindu, muslim chist, jain, sikh etc..

 

all are the creation of one GOD..help each other and be happy..

sumi
 - 
Monday, 27 Jan 2020

this type of people is very shrewed - follow RSS teaching - eating muslim nations food and blame them only.when tough time comes, start to beg again... he is one of them.. currupt mind blind bhakt.. just imagine if was not in UAE he would not even says sorry....i condemn his statement

 

 

Suresh SS
 - 
Monday, 27 Jan 2020

It is really a Shameful comments of Kokhle, very bad to have such kind of people in the society, people should understand and bycot his business and seize his license.

Abdul Gaffar Bolar
 - 
Monday, 27 Jan 2020

I believe the UAE will adhere to its rules and regulations to everyone. Should take strict action and put him under in Jail. Take a huge penalty from him.

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coastaldigest.com news network
May 2,2020

Mangaluru, May 2: Ibrahim Musliyar Bekal, a prominent Muslim religeous leader in coastal Karnataka has urged the Dakshina Kannada district administration not to end the covid-19 lockdown before the end of the blessed month of Ramadan. 

The appeal comes in the wake of reports that the state government may allow opening of clothe shops during the month of Ramadan to felicitate Muslims for Eid shopping.

"Muslims in the district have completely cooperated with the district administration in making the lockdown sucessfull. They have refrained from going to mosque even for Juma and Taraveeh during Ramadan. Such a lockdown is necessary to contain the pandemic," said Musliyar, who is also the Khazi of Udupi and Chikkamagaluru.

If the district administration withdraws lockdwon or relaxes it, people in large numbers may storm cloth shops wherein it physical distancing will be difficult, Musliyar warned.

He said that Muslims in the region have decided to observe Eid ul Fitr, a festival which marks the end of the blessed month, in a simple way maintaining physical distance. Hence the lockdown should be relaxed only after the festival, he suggested.

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News Network
June 16,2020

Bengaluru, Jun 16: Karnataka Chief Minister BS Yediyurappa on Tuesday instructed that despite financial constraints don't cut scholarships of the students belonging to Backward Class (BC) across the state.

Speaking at a review meeting of the Social Welfare Department at his home office 'Krishna' here, he said the department has achieved 97 per cent in implementation of the government programmes.

He said that among the BC students who were given training for the competitive examinations, two selected for IAS, two IPS, 13 IRS and another 268 students have been selected for various competitions and selected for the jobs.

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