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
January 2,2020

Tumakuru, Jan 2: Prime Minister Narendra Modi on Thursday paid respects to the 'Gadduge' (final resting place) of Shivakumara Swamiji at Siddaganga Math, a prominent Lingayat seminary here, and said the Swamiji's work would continue to inspire everyone.

The Swamiji, who was known as the 'Walking God' among his countless followers, had passed away last year at the age of 111. The Prime Minister, who arrived at the Yelahanka Airbase in Bengaluru, went directly to Tumakuru, where the Math is located, by a chopper along with Chief Minister B S Yediyurappa, Union Minister Pralhad Joshi and former Chief Minister D V Sadananda Gowda among others. Modi, after offering respects to the 'Gadduge', planted Bilva plant (Aegle marmelos) on the premises of the Math and also laid the foundation for the construction of a museum dedicated to Swamiji here before addressing the gathering, largely comprising students. Speaking on the occasion, Modi said he was feeling blessed to begin 2020 from the sacred land of Siddaganga, but at the same time was feeling the "vacuum" in the absence of Shivakumara Swamiji. "It is rare see the number of people swamiji had inspired during his life time. I'm really fortunate to lay the foundation for the museum in swamiji's memory. Through this museum, his works will continue to inspire generations," he said. Also, Prime Minister remembered Vishwesha Theertha of Udupi's Pejawar Math who passed away recently. Yediyurappa and the present pontiff of the Math Siddalinga Swamiji were among the others present. Known as "trivida dasohi" for his triple sacraments - food, shelter and education - among his followers, Shivakumara swamiji was considered as the incarnation of Basavanna, the 12th-century social reformer, as he accepted all irrespective of their religion or caste. There has been a growing clamour from people of different walks of life, including politicians, for conferring "Bharat Ratna" on the late Swamiji.

After the Swamiji's demise, the then Chief Minister H D Kumaraswamy had written to Modi urging him to confer the country's highest civilian order on the late seer.

Opposition Congress on Thursday questioned the Prime Minister about not conferring the"Bharat Ratna" on Shivakumara Swamiji.

Questioning Modi as to why he did not visit Tumakuru when Shivakumara Swamiji of Siddaganga Math passed away, the principal opposition party in the state assembly in a tweet also sought to know why the seer was not conferred with the Bharat Ratna yet, while pointing out that former Chief Minister Siddaramaiah had written a letter in this regard in January 2018.

The present seer of the seminary Siddalinga Swamiji presented Modi a silver statue of Shivakumara Swamiji as a memento.

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News Network
January 10,2020

Bengaluru, Jan 10: Working President of Karnataka Pradesh Congress Committee, Eashwar Khandre on Friday said that his party has extended its support to the demand made by the former chief minister of Karnataka, HD Kumaraswamy, that a House Committee should be formed to probe into Mangaluru violence.

Emphasising the need for a judicial probe into the incident, Khandre said, "Congress has always said that the truth should prevail and that there should be a judicial inquiry and investigation by a sitting Supreme Court judge or a High Court judge into the incident."

"We support his (HD Kumaraswamy) statement that a House Committee should be set up to probe into the incident of Mangaluru violence. Two innocent people lost their lives during the anti-CAA protest, it is very unfortunate," he added.

Two people were killed in Mangaluru in the alleged police firing after protests against the Citizenship Amendment Act turned violent on December 19.

The Act grants Indian citizenship to refugees from Hindu, Christian, Sikh, Buddhist and Parsi communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh who entered India on or before 31, 2014.

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News Network
May 19,2020

Bengaluru, May 19: Containment zones in Karnataka will be much smaller in size under the latest lockdown norms. However, rules and loopholes will be tightened and action against violators will be stringent in order to check the spread of the disease.

Revised guidelines issued by the Centre to the state, reveal containment zones are delineated based on mapping of cases and contacts. Intensive action will be carried out in these areas with the aim of breaking the chain of transmission. Therefore, the area of a containment zone should be appropriately defined by the district administration/local urban bodies with technical inputs at local level.

The health department is considering shrinking the size of containment zones from the existing 100 metres to open up more space for economic activities. Medical education minister K Sudhakar, also a member of the Covid taskforce, said additional chief secretary (health department) Javed Akthar will issue a new definition of a containment zone after the Covid-19 taskforce holds its next meeting.

“We are planning to further shrink it and restrict containment zones to an apartment complex, independent house or even a lane where the Covid-19 patient resides,” Sudhakar said. He went on to say bigger containment zones will impede businesses and normal activities in the vicinity, something which the government wants to avoid.

The minister said Karnataka will also do away with colour-coding districts. “With restrictions being relaxed for almost all activities, it does not make sense to pursue with colour codes. It is either containment zone or outside containment zone,” he said.

In rural areas, the minister said containment zones will be identified by the taluk heads. Government sources say it is difficult to restrict activities to certain areas or smaller location in rural areas as farmers and people will have to travel to the outskirts of their villages for their livelihood.

An official said, a containment operation (large outbreak or cluster) is deemed successful when no case is reported in 28 days from the containment zone.

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