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
April 14,2020

Thiruvananthapuram, Apr 14: Amid Covid-19 lockdown,

Keralites celebrated a low key "Vishu" ,the Malayalam new year, on Tuesday, hoping that days of plenty, prosperity and peace will return.

People woke up in the early hours to see the auspicious "Vishu kani", symbolising hope, promise and fine prospects they wish to have in the year ahead.

The ritual comprises arranging on platters auspicious articles like seasonal fruits, vegetables, flower, gold and clothes which together form the first sight when the family members wake up on the Vishu day.

Normally, Keralites dressed in their traditional attire throng temples across the state.

However, this year due to the lockdown restrictions, temple visits were given a go by.

The famed Sri Krishna temple at Guruvayur and the Lord Ayyappa shrine at Sabarimala witnesses heavy rush of devotees during the vishu day.

But pilgrims were not allowed inside and only temple officials and security personnel were present for the"Vishu kani".

Rehaman, a small time trader, said very few people have come out for vishu purchases due to the restricitons.

It is fine as it is for a good cause, while Radha, a young woman said she could not celebrate the festival.

"We have no money, no job. With whatever little we have, we are celebrating the festival", she said.

87-year-old Vilasini Nambiar, a retired college professor, said vishu has visited the state during a most bewildering time.

"It should however remind us that every mountain must have its valley, desert its oasis, every storm cloud its rainbow, every night its day.

We are prepared to believe that we will overcome this misfortune", she said.

President Ram Nath Kovind, Prime Minister, Narendra Modi, Home minister, Amit Shah, Kerala Governor, Arif Mohammed Khan and Chief Minister, Pinarayi Vijayan, were among those who greeted people on the occasion of Vishu.

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News Network
August 6,2020

Chennai, Aug 5: Karnataka on Wednesday crossed the 1.5 lakh mark in respect of COVID-19 cases and Kerala was on the verge of 30,000 while Andhra Pradesh witnessed a five- digit daily caseload after a lull. 

Tamil Nadu saw a small jump in its daily cases as compared to Tuesday while Telangana and union territory Puducherry reported their respective record single-day spikes. 

The five states and the union territory reported a combined 24,415 fresh confirmed coronavirus cases and 316 fatalities on Wednesday. 

A Puducherry Minister tested positive for the deadly virus while an opposition AINRC legislator who contracted the coronavirus earlier was discharged after being cured of it. 

In Karnataka, the coronavirus cases stood at 1,51,449 with the addition of 5,619 fresh cases while 100 deaths were reported, pushing the total fatalities to 2,804, the health department said.

According to a health bulletin, 74,679 persons have been discharged so far, leaving 73,958 active cases. Andhra Pradesh''s COVID-19 surge continued on Wednesday too, with 10,128 cases reported afresh after easing a little in the last four days. 

The overall tally rose to 1,86,461 on Wednesday. The state had last reported its five-figure daily tally on July 31 when it was 10,376. 

The state also saw a record number of 77 coronavirus deaths in a day, pushing the toll to 1,681, the latest bulletin said. 

In the last 24 hours, 8,729 patients had also recovered from the infection and there were 80,426 active cases. 

As many as 1,04,354 patients have been cured and discharged so far. Kerala was on the verge of 30,000 cases, as its tally stood at 29,145 with the addition of 1,195 new COVID-19 cases on Wednesday.

The toll from the virus so far climbed to 94 with seven more deaths. Thiruvananthapuram continued to top the districts in infections with 274 cases on Wednesday, of whom 248 had been infected through contact. 

Malappuram (167), Kasaragod (128), Ernakulam (120) and Alappuzha (108) reported over 100 cases. As many as 112 patients died of COVID-19 in Tamil Nadu, the highest reported in a single day so far, taking the toll to 4,461 on Wednesday while 5,175 more people tested positive, propelling the case count to 2.73 lakh.

Recoveries outnumbered fresh cases with 6,031 people getting discharged from various hospitals, taking the total cured to 2,14,815 as the active cases dropped to 54,184, a government bulletin said. 

In Telangana, 2,012 new cases emerged while 13 related fatalities were reported, taking the total infection tally in the state to 70,958. Out of the new cases, 532 were from the Greater Hyderabad Municipal Corporation (GHMC), followed by Medchal-Malkajgiri 198 and Rangareddy 188, a state government bulletin said on Wednesday, providing data as of 8 PM on August 4. 

The total number of people who recovered from the infectious disease touched 50,814, while 19,568 were under treatment.

The COVID-19 fatality rate in the state was 0.81 per cent, while it was 2.10 per cent at the national level, it said. The recovery rate was 71.6 per cent in the state, while it was 66.31 per cent in the country, it added. 

Puducherry clocked its worst single-day spike of 286 infections, recording seven deaths, even as the overall tally of cases went up to 4,432. 

The deaths during the 24 hours in the Union Territory took the toll to 65 so far since the outbreak of the virus, Health Minister Malladi Krishna Rao told a virtual press conference. 

His cabinet colleague M Kandasamy and his son reported positive for the virus and were admitted to JIPMER.

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News Network
April 19,2020

Kasaragod, Apr 19: Kasaragod, Kerala's COVID-19 hotspot, is the only district in the southern state lacking adequate health infrastructure.

In spite of treating the highest number of COVID-19 patients in the state with meagre infrastructural facilities and even without the support of a medical college in the north Kerala district, no deaths have been reported due to coronavirus.

The state health department views the performance of M Kunhiraman and his team, consisting of Janardhana Naik and Krishna Naik, at the General hospital in Kasaragod as a success story.

"Not only did they control the situation quickly with minimum infrastructure, they also started turning out a large number of negative cases within a few weeks and creditably ensured zero mortality.

This can be showcased as a best global model," Chairman of the Information Education and Communication (IEC) Committee and Project Director Kerala State Aids Control Society, R Ramesh said.

Recalling the ordeal, Janardhana Naik said his first major challenge was the physical examination of a patient with suspected COVID-19.

"Even with the PPE kit, nobody knew how effective they were and it took a whole 30 minutes to wear them properly.

But as time passed, we got accustomed to it," he said.

The traditional method of dealing with a patient involved knowing his or her history, observation and physical examination.

For hundreds of years, the hands-on body approach has been the soul of the doctor-patient relationship -- taking the pulse, tapping on and listening to the chest, feeling lumps.

With the onset of COVID-19 all that has changed.

"In fact, the whole exercise was fraught with grave risks because everything connected with COVID-19 was new.

Doctors have to keep a distance even though the physical examination wearing a Personal Protective Equipment (PPE) is difficult.

Sounds from the body are inaudible, vision is blurred through the smog-covered goggles and a stethoscope seldom has any use," Janardhana Naik said.

It was from March 15 that the hospital started receiving COVID-19 patients, primarily from Dubai.

By the time the first person came, the hospital was ready for him.

Soon, patient numbers began to swell and in a couple of weeks they reached about 91.

From then on, it was teamwork.

Committees were formed for each and every task, including the help desk, IT, treatment, medical board, training, food, waste disposal and data maintenance.

Initially, patients had many misgivings about the hospital.

"Some were disillusioned and even aggressive. Some were not happy with the facilities the hospital had to offer.

But gradually through good treatment and counselling by a psychiatrist, who visited the hospital on alternate days, the confidence and mood of the patients changed and they became friendly with the staff," Naik elaborated.

Counselling was also given to the concerned family members of the patients.

Besides treatment, the medical staff had to spend a considerable amount of time clearing the doubts of patients.

When they got discharged some patients insisted on seeing the faces of the medical staff, who till then were anonymous entities covered from head to toe.

Some even wanted to take selfies with them.

However, the medical team politely turned down their requests and preferred to remain hidden in their work attires.

The mood of the patients also rubbed off on the doctors and hospital staff.

All the physicians and hospital staff are now more confident of dealing with contagious diseases after treating COVID-19 patients.

"Our previous experience of treating H1N1, Chikungunya and Dengue cases helped us a lot.

Words of encouragement from the Health Minister K K Shailaja, Health Principal Secretary Dr Rajan N Khobragade and Health Services Director Dr Sarita R L gave us the impetus to build up confidence.

Moreover, the field health workers did a wonderful job in containing the viral spread," Naik added.

As the number of coronavirus cases rose, the state government on April 5 deputed a 26-member medical team from Thiruvananthapuram to set up a COVID-19 hospital in the district.

They turned a block of the under construction Government Medical College as a hospital-like facility, setting up a 200 bed facility to treat coronavirus patients.

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