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
May 10,2020

New Delhi, May 10: The Delhi government has asked district magistrates to release 2,446 Tablighi Jamaat members from quarantine centres and ensure that they do not stay in any other place except their homes.

The district magistrates will explore the possibility of sending those Tablighi members, who belong to other states, in buses to their designated places in accordance with social distancing norms and other protocols, DDMA Special CEO K S Meena said in a letter to deputy commissioners (administration).

As man as 567 foreign attendees of the congregation held in Delhi's Nizamuddin area in March, will be handed over to the police, Meena said.

"They (foreign Jamaat attendees) will be handed over to police in connection with several violations like visa violation," a government official said on Saturday.

Delhi Home Minister Satyendar Jain had recently ordered the release of Tablighi members who have completed their required quarantine period in centres and tested negative for COVID-19.

"Out of such people belonging to Delhi, who could be released as per prescribed guidelines should be issued passes to travel from the quarantine centres.

"Under no circumstances, the aforesaid persons should be allowed to stay in any other places including mosques," Meena said in the letter.

In respect of those Tablighi members belonging to other states, it should be ensured by the nodal officer and the area ACP that such people reach their place of residence, he also said.

"The DC should also inform the respective resident commissioner of their states in respect of each and every movement of such persons from Delhi," the Delhi Disaster Management Authority (DDMA) Special CEO said.

Thousands of Tablighi Jamaat members had been taken out of its Markaz (centre) in Nizamuddin, where they had gathered for a religious congregation, and quarantined as the area became a major hotspot after a number of members tested positive for coronavirus.

On March 31, the Delhi Police's Crime Branch had lodged an FIR against seven people, including Maulana Saad Kandhalvi, on a complaint by Station House Officer, Nizamuddin, for holding the congregation.

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coastaldigest.com news network
July 18,2020

Mangaluru, Jul 18: Days after Air India operated a flight from Qatar to Mangaluru,  the Karnataka Cultural Foundation (KCF) chartered a flight from Doha to this coastal city to repatriate the stranded NRIs. The flight landed at Mangaluru International Airport on July 16.

This KCF operated flight left the Hamad International Airport Doha at 9:35 am and reached Mangaluru international Airport at 16:10 pm on Thursday. 

The flight had over 174 NRIs, included pregnant women, patients in need of urgent medical treatment, senior citizens, and those who were stuck with expired visit visa and job loss. With the timely intervention Dr Arathi Krishna has helped a patient to make his approval from embassy, who had to leave for medical treatment on emergency basis.

Starting from the registration of travellers, KCF has provided all with the necessary documental, health-related information and each of them have been met by KCF representatives along with snacks and PPE kit to be worn during the journey as a precaution against the spread of the pandemic. 

Organization workers were constantly in touch with each of its passengers, supporting them for their safety and serve them during journey and stay at the hotels and this will continue until the quarantine is completed.

KCF, the proud organization of Kannadigas has been working in the public sphere, and this initiative of charter flight and their dedication on this have been praised by travellers.

On their successful charter, KCF thanks Dr Arathi Krishna, former vice-chairman of Karnataka State NRI Forum for her extensive support on acquiring relevant documental clearances. Sindhu B Rupesh, the deputy commissioner of Mangaluru, Dr Yathish Ullal, assistant commissioner of Mangaluru, Meena Nagaraj, the nodal officer, Bengaluru, are also praised for their timely approvals and permissions for this charter.

The untiring efforts, hard works by the workers and leaders of SSF, SYS and Karnataka Muslim Jama-ath have been appreciated and background supports by Moulana Shafi Sa-adi, the member of Karnataka state Waqf Board is also remembered by KCF Qatar.

The members of KCF Qatar have been tirelessly working behind this grand success, the chairman Abdul Raheem Saadi and general convener Muneer Magundi have thanked all its members, including Embassy officials and Indigo Airlines for all cooperation.

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Shamshuddin Mohammed
 - 
Sunday, 19 Jul 2020

Mask use for covid19 they use as tie

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News Network
January 2,2020

Shivamogga, Jan 2: A large number of farmers who wanted to stage a demonstration against Prime Minister Narendra Modi protesting the non-implementation of the 'Swaminathan Report' were detained at Bengaluru, Tumakuru and Shivamogga, police said on Thursday.

According to police, the detentions have taken place in certain parts of Tumakuru, near Bengaluru as well as in Shivamogga.

As part of his two-day visit to Karnataka, Modi is scheduled to visit Tumakuru on Thursday to pay his obeisance to the departed seer of Siddaganga Math Shivakumara Swamiji and meet the present pontiff Siddalinga Mahaswamiji.

Later, he would address a mega public meeting where he will give away the Krishi Karman awards.

In the evening he will reach Bengaluru to visit the DRDO facility to dedicate five DRDO Young Scientists Laboratories to the nation.

Pressing implementation of the Swaminathan Report, which recommends a holistic national policy, the farmers under the leadership of Kodihalli Chandrashekar had planned to stage a demonstration at Tumakuru.

Before they could leave for Tumakuru, the police detained them.

According to Chandrashekar, the farmers have been arrested at Nelamangala, Herohalli near Magadi, Kunigal and Koratagere in Tumakuru district and Shivamogga.

Speaking to PTI, Chandrashekar said the BJP has betrayed farmers by not implementing the Swaminathan report.

"The BJP could implement all the agenda such as abrogation of Article 370, paving way for Ram Temple in Ayodhya and various other poll promises but it ignored its promise of implementing the Swaminathan report," the farmer leader said.

Chandrashekar also said he has been detained at a ground on Magadi Road along with two others while farmers who wanted to take part in the protest have been detained in different parts of the state.

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