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 14,2020

Bengaluru, May 14: Amid the COVID-19 pandemic, Former Union Minister and Congress Karnataka MLC, C M Ibrahim has, in a letter to Chief Minister BS Yediyurappa, sought permission for the Muslim community to congregate at Idgah grounds and mosques to offer namaz together on the occasion of Id-ul-Fitr later this month.

"The Id-ul-Fitr festival in the state may be celebrated on the 24th or 25th May 2020, during which Muslims have to offer special prayers. On behalf of the entire community. I would suggest that the Government may take a decision by having due consultation with medical experts to grant permission for Muslims on the day of Id to offer prayers in the Idgah maidans or masjids from morning till 1 pm with all precautionary measures and safety norms," the letter states.

"In this regard. I request you to kindly look into the matter and after consulting the medical experts, take a suitable decision enabling Muslims all over the state to offer ld prayers at ldgah Maidans or Masjids in their respective localities," the letter added.

As part of its COVID-19 guidelines, the Ministry of Home Affairs had earlier directed states and Union territories to prevent social gatherings and religious congregations and ensure lockdown measures were strictly followed.

Comments

Sayed Noorulla
 - 
Friday, 15 May 2020

If Mr. Yediyurappa gives permission as reqested by Ibrahim, it will be adisastor for Muslims community, Saudi Arabia imposed , full curfew from 23rd to 30th May, 2020, this is  to avoid Eid gathering and spread of Corona Virus, our community should boycott such so called self declared leader.

 

Any new cases of Covid-19 cases will be blamed as Eid Jihad, request all our like minded people to protest this request.

Alert
 - 
Thursday, 14 May 2020

CM Ibrahim is just trying to attract media and public atttention. he is a useless politician. 

suhail
 - 
Thursday, 14 May 2020

Who is he?  What is he?  And what did he do to Muslim community and  who gave him the authorization to talk to the minister of behalf of Muslim Community

ahmed
 - 
Thursday, 14 May 2020

It will be disastrous for PR, and Joy ride for Atunab & sudir...

This Chadi people will be very happy and start calling this Eid Jeehad...

 

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News Network
July 12,2020

Mangaluru, Jul 12: The Expert Committee set up by the District authorities to inquire into death due to Covid-19 in Dakshina Kannada district declared that the death was due to patients late reporting to the hospitals and severe co-morbidities.

''Many were scared to visit the hospitals for treatment. Any patient suffering from fever, cold should stop self-medication and seek the advice of doctors. From what we have observed, the mortality was among patients who reported late to hospitals. Many had ignored symptoms assuming it to be a common cold,'' Expert Committee members Dr Hansraj Alva and Dr Muralidhar Yadiyal told mediapersons on Saturday night.

Wenlock Hospital Superintendent Dr Sadashiv said of the 38 deaths reported in the District, the expert committee had analysed 35 deaths. 9 persons who died are below 50 years old, 10 are in the age group of 50 to 60 years, 11 in the age group of 60 to 70 and five in the age group of above 70 years.

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News Network
January 24,2020

Bengaluru, Jan 24: Middle East based prestigious LuLu Group has come forward to invest $300 million in Karnataka in the retail, logistics and hospitality sectors.

As part of this, the first LuLu mall will commence operations in Bengaluru’s Rajajinagar area by August.

LuLu’s first mall in India, in Cochin, is seen as a huge success. It’s not clear how that mall is doing financially, but it became so popular that it had an adverse effect on almost every other mall in the city.

Lulu’s investment plan for Karnataka was communicated during a discussion between chief minister BS Yediyurappa and Yusuff Ali MA, chairman and managing director of Lulu Group, on the sidelines of the World Economic Forum in Davos.

The company will also set up two five-star hotels in Bengaluru through Twenty14 Holdings, its hospitality arm, and a modern logistics centre in the Uttara Kannada region.

Lulu Group’s retail initiative Tablez brought Toys `R’ Us, one of the world’s largest toy store chains, to Bengaluru in 2017. Started in the Phoenix Mall in Whitefield, it competes with Reliance-owned Hamleys.

Tablez has also brought in other international brands such as American ice cream parlour chain Cold Stone Creamery, South Africa based flame-grilled chicken concept Galito’s, and Tablez’ own brand Bloomsbury’s, a boutique cafe and bakery. It has also launched Spanish fashion brands Springfield and Women ’secret.

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