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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
January 22,2020

Shivaji is a great icon in Maharashtra. Different sections of society have given him very high status, though for diverse reasons. Folklores about him abound in the state. His statues, popular songs on him are very prevalent. These folk songs (Powadas) praise his multifarious actions. So it was no surprise that when Jayabhagwan Goyal, released his book, ‘Aaj ka Shivaji: Narendra Modi’, at religious-cultural meet organized by Delhi BJP, there was a strong resentment in Maharashtra. Various leaders from Maharashtra were furious. The Shiv Sena leader Sanjay Raut challenged the Shivaji’s descendent, Sambhaji Raje who is in BJP and is member of Rajya Sabha, to resign on the issue. Sambhaji Raje in turn stated that "We respect Narendra Modi, who was elected as the prime minister of the country for the second time. But neither (Narendra) Modi nor anybody else in the world can be compared with Chhatrapati Shivaji Maharaj,"

Not to be left behind Jitendra Awhad of NCP felt Modi-BJP are insulting the pride of Maharashtra. It is not the first time that controversy is erupting around the Maharashtra warrior of medieval period. Earlier we had seen Sambhaji Brigrade demanding the ban on James Laine book, Shivaji: ‘A Hindu King in an Islamic Kingdom’, for its objectionable content. Bhandarkar Institute in Pune, which had helped James Laine in his research, was also vandalized. At another level there was a talk that Babasaheb Purandare, a Brahmin, who has written some popular material on Shivaji will be made as the Chairman of the committee for statue of Shivaji. Maratha Mahasangh and Shiv Dharm officials objected to a Brahmin heading the committee for a statue for the Maratha warrior. The caste angel in Shivaji’s case is coming to the fore from quite some time.

While there is no dearth of controversies around Shivaji, it is also true that each political tendency has created Shivaji’s image from their political point of view. Who was the real Shivaji, is the question. One can see two clear streams of projection in this matter. On one hand there is an attempt to present Shivaji as the anti Muslim King, a king who was respecting Cows and Brahmins (Go Brahman pratipalak). This view was brought forward from the times of Lokmanya Tilak and picked up by Hindu nationalists, who have been looking for icons in history to suit their political agenda. Nathram Godse, while criticizing Gandhi says that Gandhi’s nationalism was dwarf in front of the one of Shivaji or Rana Pratap.

In tune with this the Hindu nationalists are promoting both these as icons of Hindu nationalism and giving anti-Muslim slant to the whole discourse. This discourse also hides in this the Brahmanical agenda of Hindu nationalism as Cows and Brahmins are presented as the central object of veneration by Shivaji. This image of Shivaji fits well into the current agenda of Hindu nationalists, being spearheaded by RSS Combine.

It is because of this that for seeking votes in Mumbai Narendra Modi on the eve of 2014 elections stated that Shivaji attacked Surat to plunder the treasury of Aurangzeb. This also presents Shivaji-Aurangzeb, Shivaji-Afzal Khan interactions as battle between Hindus and Muslims. The truth is that Surat was plundered for its wealth as it was a rich port city and Bal Samant’s book on the topic gives in depth description of the same. It is noteworthy that Shivaji began his real career of conquest in 1656 when he conquered Javli from the Maratha Chief Chandra Rao More. He took over the treasures of this kingdom. That it was not a Hindu Muslim battle becomes clear when we know that in confrontation with Aurangzeb it was Mirza Raja Jaisingh who was negotiating and engaging with Shivaji on behalf of Aurangzeb. And Shivaji had Muslim officers like Kazi Haider as confidential secretary and many Muslim Generals in his army.

Darya Sarang was chief of armor division, Daulat Khan was in-charge of his naval division; Ibrahim Khan was another general of significance in his army.  This mixed up administration just shows that the kings were not having Hindu or Muslim administration depending on their religion. In the confrontation between Shivaji and Afzal Khan, Rustam-e-Jaman was Shivaji’s side and Afzal Khan had Krisnaji Bhaskar Kulkarni on his side.

As far as Shivaji’s popularity is concerned it was due to his being a King with welfare of his subjects in his mind. He lightened the burden of taxation on the average peasants, and reduced the domination of landlords over the serfs. This picture of Shivaji is well documents in the booklets by Com. Govind Pansare (Who was Shivaji) and Jayant Gadkari (Shivaji: Ek Lok Kalyankari Raja- Shivaji: King doing People’s Welfare). He did not belong to the warrior caste so Brahmins had refused to coronate him, for which purpose Gaga Bhatt a Brahmin from Kashi was brought in with heavy fees. Teesta Setalvad’s hand book on History for teachers underlined this fact.

Today while BJP-Brahmanical forces want to present Shivaji as worshipper of Brahmins and cows, the non upper caste have seen through the game. As such it was Jotirao Phule who brought forward the caste angel of Shivaji as he wrote Powada (Poem) in his honor and today dalit Bahujan are not toeing Hindu Nationalist projection on the issue.

The likes of Jayabhagwan Goyal of BJP as such are trying to give two messages through such attempts. One hand they want to paint Shivaji in anti Muslim and Brahmanical color, they also want to give the subtle message of similarity of this presentation of Shivaji with what Modi is doing. Non BJP forces have seen this game and want to present the other picture of Shivaji, which was highlighted by the likes of Jotirao Phule and which today many of those standing for rights of dalit-Bahujan are trying to articulate. The criticism of the said, book, since withdrawn is on these twin aspects. One about the picture of Shivaji who was concerned about welfare of the farmers, and two his respect for people of all religions.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 26,2020

Bengaluru, May 26: Unknown miscreants have set ablaze 30-40 migrant labourers hutments in Bengaluru east, prompting police to take suo motu cognizance, an official said on Tuesday.

"As many as 30-40 migrant labourers' hutments have been set ablaze by unknown miscreants at Kacharakanahallin in KG Halli, we have taken suo motu cognizance of the crime," said a police official to media.

Police are investigating the arson invoking IPC Sections 143, 147, 188, 436, 123, 504, 506 and others.

"There was no loss of life in the arson as the migrant labourers were away at their hometowns because of COVID lockdown," said the official.

The labourers came from different parts of Karnataka to eke out a living and were living in those huts near the Rama Temple in KG Halli.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 26,2020

Mau/ Kalaburagi, Mar 26: Uttar Pradesh Police on Wednesday asked lockdown violators in Mau to do push-ups and squats as a punishment.
In Karnataka's Kalaburagi, police personnel punished the violators of the lockdown.
In his address to the nation on Tuesday, Prime Minister Narendra Modi announced a 21-day lockdown in the entire country effective from midnight to deal with the spread of coronavirus, saying that "social distancing" is the only option to deal with the disease, which spreads rapidly.
According to the Health Ministry, the total number of positive COVID-19 cases in India reached 606, including 43 foreign nationals.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.