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 1,2020

Manglauru, Jun 1: The southwest monsoon has made an onset over Kerala, marking the commencement of the four-month long rainfall season, the India Meteorological Department said on Monday.

"The southwest monsoon has made an onset over Kerala," IMD director general Mrutyunjay Mohapatra said.

The four-month monsoon season from June to September accounts for 75 per cent of rainfall in the country.

Private forecaster Skymet Weather on May 30 had declared arrival of monsoon, but the IMD had differed, saying conditions were not ripe then for such an announcement.

Orange alert

Meanwhile, coastal Karnataka’s Dakshina Kannada district, which is receiving sporadic rains for past couple of days, is on orange alert.

Deputy Commissioner Sindhu B Rupesh declared the orange alert following IMD’s prediction of heavy rainfall in the region.

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News Network
January 8,2020

Bengaluru, Jan 8: The Karnataka high court on Tuesday directed the government to submit steps taken in respect of the order of Lokyukta in relation to the Kethaganahalli landgrab case involving former chief minister HD Kumaraswamy, his relatives and former minister DC Thammanna.

A division bench headed by Chief Justice Abhay Shreeniwas Oka gave the direction on a PIL filed by Samaj Parivartan Samudaya (SPS), an NGO. The petitioner said despite an order from the Lokayukta on August 5, 2014, to take action within 15 days, no action has been initiated till date in respect of encroachment of a huge tract of land in Kethaganahalli along Bengaluru-Mysuru highway.

SPS says the land was purchased in 1979 contrary to norms of Karnataka Land Revenue Act. It claims Kumaraswamy and others paid only Rs 5,000 per acre, although the prevailing market rate was Rs 25,000 to Rs 30,000 per acre.

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coastaldigest.com news network
January 22,2020

Mangaluru, Jan 22: Eminent industrialist Dr Mohammed Yusuf has been elected the chairperson of the Karnataka State Board of Auqaf. 

10 members of the Board cast their votes in the election held to the top post today at its office in the city. While Dr Yusuf, who was backed by the Congress, secured six votes, K N M Shafi Sa’adi, who was backed by the BJP, secured only 4 votes.

Addressing reporters, Dr Yusuf said that there was 1.32 lakh acres of Wakf land at the time of Independence. A large number of the properties were lost under various laws, including the Inam Land Abolition Act.

Flanked by Congress MLA Tanveer Sait and Minorities Welfare Dept secretary A B Ibrahim, Dr Yusuf vowed to strive hard to make the Board an example for the entire country. 

74-year-old Dr Yusuf had held the post more than once in the past. A veterinarian, Dr Yusuf had quit the government job and set up business in Bengaluru and Dubai decades ago and has earned considerable success.

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