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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coastaldigest.com news network
February 19,2020

Mangaluru, Feb 19: Social worker Tabassum who has been rendering selfless service to HIV/AIDS affected children through her shelter home 'Snehadeep' at Bejai has been selected for the Annual Award of Mangaluru Press Club for the year 2019.

Tabassum, a resident of Konaje was chosen by a team of judges comprising Prof Balakrishna Gatti, Dr Vasanth Kumar Perla and Dr Nagaveni Manchi.

Comments

Azmath
 - 
Thursday, 20 Feb 2020

The passion of young  Ms Tabassum and Social Working of today, particularly, gives me lot of hope.  It almost feels like the political class wants to bring down India while the people are so hard working and committed to nation building.

 

Congratulation Miss. Way to go.

 

 

PS: Media has been compromised and fake news factories churn out crap daily. Thanks CD for bringing this news to readers.

Shahul Hameed
 - 
Thursday, 20 Feb 2020

CONGRATULATIONS.

 

Mrs.Tabassum's service for humanity is highly commendable.She looks after HIV & AIDS effected children with compassion like mother without expecting anything in returns.

She is the alumni of JF managed Green View PU womens college at Derealakette.

She deserve for more prestigious awards even like "Padma Shri" for her selfless and sincere services for the society and the nation.

All the best.

 

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News Network
January 30,2020

Wayanad, Jan 30: Congress leader Rahul Gandhi on Thursday compared Mahatma Gandhi assassin Nathuram Godse with Prime Minister Narendra Modi, saying both believed in the same ideology.

Gandhi, at an anti-CAA rally here, launched a scathing attack on Modi and said he was making Indians to prove that they are Indians.

Addressing participants at "Save the Constitution" march at Kalpetta in Wayanad, his Lok Sabha constituency on Martyr's Day, Gandhi said there was no difference between Godse and Modi.

"Today, an ignorant man is trying to challenge Gandhi's ideology. He is creating an atmosphere of hatred. The ideology is same. Nathuram Godse and Narendra Modi, they believe in the same ideology. There is no difference except that Modi does not have the guts to say he believes in the ideology of Godse," the Wayanad MP said.

Attacking the Prime Minister on the new Citizenship Law, Gandhi questioned Modi and asked who was he to ask Indians to prove that they were Indians.

"Indians are being made to prove that they are Indians. Who is Narendra Modi to decide who is an Indian. Who gave Modi the licence to ask for my Indianness? I know I am an Indian and I don't have to prove it to anyone. Likewise, 1.4 billion Indians do not have to prove that they are Indians," he said.

The Congress leader led the march here as part of efforts to intensify the party's protests against CAA in the state.

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News Network
July 28,2020

Hounde, Jul 28: Coronavirus and its restrictions are pushing already hungry communities over the edge, killing an estimated 10,000 more young children a month as meager farms are cut off from markets and villages are isolated from food and medical aid, the United Nations warned Monday.

In the call to action shared with The Associated Press ahead of publication, four UN agencies warned that growing malnutrition would have long-term consequences, transforming individual tragedies into a generational catastrophe.

Hunger is already stalking Haboue Solange Boue, an infant from Burkina Faso who lost half her former body weight of 5.5 pounds (2.5 kilograms) in just a month. Coronavirus restrictions closed the markets, and her family sold fewer vegetables. Her mother was too malnourished to nurse.

“My child,” Danssanin Lanizou whispered, choking back tears as she unwrapped a blanket to reveal her baby's protruding ribs.

More than 550,000 additional children each month are being struck by what is called wasting, according to the UN — malnutrition that manifests in spindly limbs and distended bellies. Over a year, that's up 6.7 million from last year's total of 47 million. Wasting and stunting can permanently damage children physically and mentally.

“The food security effects of the COVID crisis are going to reflect many years from now,” said Dr. Francesco Branca, the WHO head of nutrition. “There is going to be a societal effect.”

From Latin America to South Asia to sub-Saharan Africa, more poor families than ever are staring down a future without enough food.

In April, World Food Program head David Beasley warned that the coronavirus economy would cause global famines “of biblical proportions” this year. There are different stages of what is known as food insecurity; famine is officially declared when, along with other measures, 30% of the population suffers from wasting.

The World Food Program estimated in February that one Venezuelan in three was already going hungry, as inflation rendered salaries nearly worthless and forced millions to flee abroad. Then the virus arrived.

“Every day we receive a malnourished child,” said Dr. Francisco Nieto, who works in a hospital in the border state of Tachira.

In May, Nieto recalled, after two months of quarantine, 18-month-old twins arrived with bodies bloated from malnutrition. The children's mother was jobless and living with her own mother. She told the doctor she fed them only a simple drink made with boiled bananas.

“Not even a cracker? Some chicken?” he asked.

“Nothing,” the children's grandmother responded. By the time the doctor saw them, it was too late: One boy died eight days later.

The leaders of four international agencies — the World Health Organization, UNICEF, the World Food Program and the Food and Agriculture Organization — have called for at least dollar 2.4 billion immediately to address global hunger.

But even more than lack of money, restrictions on movement have prevented families from seeking treatment, said Victor Aguayo, the head of UNICEF's nutrition program.

“By having schools closed, by having primary health care services disrupted, by having nutritional programs dysfunctional, we are also creating harm,” Aguayo said. He cited as an example the near-global suspension of Vitamin A supplements, which are a crucial way to bolster developing immune systems.

In Afghanistan, movement restrictions prevent families from bringing their malnourished children to hospitals for food and aid just when they need it most. The Indira Gandhi hospital in the capital, Kabul, has seen only three or four malnourished children, said specialist Nematullah Amiri. Last year, there were 10 times as many.

Because the children don't come in, there's no way to know for certain the scale of the problem, but a recent study by Johns Hopkins University indicated an additional 13,000 Afghans younger than 5 could die.

Afghanistan is now in a red zone of hunger, with severe childhood malnutrition spiking from 690,000 in January to 780,000 — a 13% increase, according to UNICEF.

In Yemen, restrictions on movement have blocked aid distribution, along with the stalling of salaries and price hikes. The Arab world's poorest country is suffering further from a fall in remittances and a drop in funding from humanitarian agencies.

Yemen is now on the brink of famine, according to the Famine Early Warning Systems Network, which uses surveys, satellite data and weather mapping to pinpoint places most in need.

Some of the worst hunger still occurs in sub-Saharan Africa. In Sudan, 9.6 million people live from one meal to the next — a 65% increase from the same time last year.

Lockdowns across Sudanese provinces, as around the world, have dried up work and incomes for millions. With inflation hitting 136%, prices for basic goods have more than tripled.

“It has never been easy but now we are starving, eating grass, weeds, just plants from the earth,” said Ibrahim Youssef, director of the Kalma camp for internally displaced people in war-ravaged south Darfur.

Adam Haroun, an official in the Krinding camp in west Darfur, recorded nine deaths linked with malnutrition, otherwise a rare occurrence, over the past two months — five newborns and four older adults, he said.

Before the pandemic and lockdown, the Abdullah family ate three meals a day, sometimes with bread, or they'd add butter to porridge. Now they are down to just one meal of “millet porridge” — water mixed with grain. Zakaria Yehia Abdullah, a farmer now at Krinding, said the hunger is showing “in my children's faces.”

“I don't have the basics I need to survive,” said the 67-year-old, who who hasn't worked the fields since April. “That means the 10 people counting on me can't survive either.”

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