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
June 2,2020

Bengaluru, Jun 2:  With easing of COVID-19 lockdown curbs, the Karnataka excise department has accorded permission for fresh brewing or production of beer and to sell it in microbreweries as takeaways.

"Permission is hereby accorded to microbreweries for fresh brewing/production and sale of beer as takeaway in glass, ceramic or stainless steel container (up to 2 litre) till 30-06-2020, or until further orders, whichever is earlier," the Excise Commissioner in a letter dated June 1 to Deputy Excise Commissioners of all districts said.

The opening and closing hours of the microbreweries shall be from 9 am to 9 pm, it said, adding that all other conditions as laid down will remain unaltered.

Earlier, in a letter dated May 12, the Excise Commissioner had "conditionally" granted permission for microbreweries to sell their beer stock as takeaway on experimental basis for the period from May 14 to June 30 or until exhaustion of existing beer stock, whichever is earlier.

It had called for measures like social distancing, cleanliness, usage of masks and sanitizers, among others, and had said, microbreweries situated in containment zones are not allowed to function.

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News Network
February 28,2020

The Karnataka BJP, which faced action on Twitter earlier this month over incendiary tweets, this time has passed the blame of Sangh Parivar sponsored Delhi violence to the victims.

In an insensitive tweet on Friday, it dubbed the protests against the notorious Citizenship Amendment Act (CAA) as "fake" and added that the violence that followed was "the most well-planned assault on the Idea of India," in an apparent attempt to portray the victims as villains.

The handle, notorious for tweets targeting Muslims, blamed the clashes that erupted in Delhi between people demonstrating for and against the CAA on "so called 'Peacefuls'" - a known right-wing slur for Muslims.

Many people on social media called out the tweet for misleading people and covering up the role of Delhi BJP leader Kapil Mishra's provocative speech for triggering the violence or the failure of the Delhi Police, which reports to the former BJP chief and Union Home Minister Amit Shah, in controlling the riots.

Earlier this month, the Karnataka BJP had tweeted a video of Muslim women standing in queue to vote in the Delhi elections, showing their voter ID cards, with the snarky caption: "Keep the documents safe, you will need to show them again during NPR (National Population Register) exercise."

Soon after, the party unit's Twitter handle was blocked by the social media platform for 24 hours after many accused it of encouraging Islamophobia.

NPR has been widely criticised by opposition parties as a precursor to the government's planned NRC or National Register of Citizens which intends to make Indians prove their citizenship with documents that many poor or illiterate do not possess.

Many fear that combined with the already imposed CAA - which promises citizenship to only non-Muslim refugees from Pakistan, Afghanistan and Bangladesh - the NRC can be used to make millions of Muslims stateless.

The government has denied the allegation and said the CAA only intends to help those who have faced religious persecution. In recent weeks, it has gone back on its rhetoric on the NRC which was announced by Amit Shah in parliament as "it will certainly happen".

The CAA, which was cleared by parliament in December, has triggered deadly protests in the country which left at least 25 dead till Sunday. Since then, at least 42 more people have been killed as large-scale violence erupted in northeast Delhi and hundreds of homes and shops have been burned to the ground.

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News Network
August 5,2020

Bengaluru, Aug 4: Deputy Chief Minister Dr.CN Ashwathnarayan instructed the Bruhat Bengaluru Mahanagara Palike (BBMP) Commissioner Manjunatha Prasad to set up a separate high-level committee to ascertain the exact cause of coronavirus-related deaths in the state.

He spoke to reporters after a meeting with Prasad on Tuesday.

"The committee, headed by senior officials will audit the reason for the increase in death cases. Has there been a death due to treatment delay? Or are there any shortcomings in the treatment process?" the deputy chief minister said.

He pointed out that based on the report, the committee should try to correct the deficiency and reduce the death rate.

"How many beds are in which hospital? How many patients are on a ventilator? How many have gone home from the hospital? Etc. All information needs to be updated online at the moment. He suggested that this information should be made available to the public online," Ashwaththanarayana said.

Stating that some hospitals are not giving details about the number of beds correctly, he instructed the commissioners to take legal action if differences in their data are found.

He said that there is a shortage of ASHA workers in the city and it needs to be hired immediately.

According to the Ministry of Health and Family Welfare, there are 74,477 active COVID-19 cases in Karnataka and the death toll in the state is at 2,594. 

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