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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Agencies
February 23,2020

Bengaluru, Feb 23: Bolstered by the Supreme Court's interim nod for the gazette notification of the Mahadayi Water Dispute Tribunal award by the Central government, Karnataka decided to allot funds for the drinking water project in the state's northwest region, an official said on Saturday.

"Funds will be allotted in the state budget for fiscal 2020-21 to complete the Kalasa-Banduri project across the Mahadayi river for supplying drinking water to the four drought-prone northern districts in the state," the official of the water resources department told media on anonymity.

As Chief Minister B.S. Yediyurappa also holds the finance portfolio, he has agreed to allocate funds for the project, held up for years in the legal battle with the neighbouring Goa and Maharashtra over the sharing of the river water among the three coastal states.

Yediyurappa is slated to present the state budget for the ensuing fiscal in the legislative assembly on March 2.

"We will resume the project work once the Centre notifies the award though it will be binding on the final outcome of the apex court's hearing the review petitions of Goa and Maharashtra against the Tribunal award," the official noted.

A division bench of Justice D.Y. Chandrachud and Justice Hemant Gupta on Thursday passed an interim order on the Tribunal award, allowing the central water resources ministry to notify it for implementation and posted the case for final hearing in July.

The Tribunal on August 14, 2018 allocated 13.42 thousand million cubic feet (tmcft) of the river water to the southern state for irrigation and drinking water supply to towns and villages across Bagalkot, Belagavi, Dharwad and Gadag districts, which are in the arid region of the Deccan plateau.

The four districts are about 400-550 km northwest of Bengaluru in the southern state.

Of the 13.42 tmcft water, 5.5 tmcft will be used in the river basin and for diversion into the depleted Malaprabha reservoir while the balance 7.92 tmcft will be utilized for hydel power generation instead of allowing the water to go into the Arabian Sea on the state's west coast through Goa.

Goa, which opposed Karnataka's demand for 36.66 tmcft, was allocated 24 tmcft, while Maharashtra got 1.3 tmcft.

The Tribunal assessed that 188.06 tmc feet water is available at 75 per cent dependability.

The three-member Tribunal is headed by Chairman Justice J.M. Panchal, Justice Viney Mittal and Justice P.S. Naayana.

The Union government had set up the inter-state Tribunal on November 16, 2010 for the djudication of the Mahadayi basin water allocation among the three riparian and contiguous states.

Goa and Maharashtra claimed 122.6 tmc feet and 6.35 tmc feet of the river water respectively.

The Tribunal, which commenced sittings on September 6, 2012, held 1,209 sittings for over 6 years.

Supreme Court senior counsel F.S. Nariman represented the state before the Tribunal to present its case.

The Tribunal's chairman and two members inspected the river basin area across the three coastal states from December 12-24, 2013.

The 77km-long Mahadayi or Mandovi river originates at Bhimgad in the Western Ghats in Belagavi district and flows into the neighbouring Goa through Maharashtra and joins the Arabian Sea off the west coast.

Though the river flows 29 km in Karnataka and 52 km in Goa, its catchment area is spread over 2,032 km in the southern state as against 1,580 km in the western state (Goa).

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News Network
August 7,2020

Bengaluru, Aug 7: Amid the rising number of COVID-19 cases in Karnataka, the state's health department issued fresh guidelines for the disposal of bodies of COVID patients.

"Although an increased risk of COVID infection from a dead body to health workers or family members who follow standard precautions while handling the body is unlikely, the lack of scientific data requires the utmost care to avoid the inadvertent spread of COVID-19 during these times," the statement from the health department's press release read, emphasising on the dignity of the dead and the religious and cultural tradition.

The 23-page press release elaborated on guidelines regarding testing, handling of dead bodies and other specificities in relation to the management of COVID-19 bodies.

"Testing should not be insisted in every case of death, but only when they have a recorded history of influenza-like symptoms. The body should be handed over to the family members/ relatives in a dignified manner immediately after swab collection and hospitals should provide handouts with a list of dos and don'ts in English and Kannada laying down relevant information," the statement said.

It added, "At the mortuary, health care workers, mortuary staff and the family of the deceased body shall not come in direct contact with the dead body and must wear full personal protective equipment (PPE). If the family or relative are for any reason unable to cremate or bury the body, the local health authority shall arrange for the dignified last rites as per the religious traditions of the family."

Regarding autopsies (post mortem) on COVID-19 bodies, the state department said that they should be avoided, except in necessary circumstances.

The statement also gave detailed guidelines regarding the appropriate recording of COVID-19 deaths in line with the Indian Council of Medical Research (ICMR) guidelines.

Additionally, the health department made a statement about the admission procedure for COVID positive patients referred by other district administrations saying, "It is now mandatory for all the referrals from the BBMP admission and discharge of COVID positive patients to be done through the online COVID Hospital Bed Management System (CHBMS)."

The state's count of coronavirus cases was 1,51,449 in the past 24 hours.

So far, a total of 2,804 people have died due to COVID-19 in the state, while the average recovery rate in Karnataka is 49.3 per cent.

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News Network
February 1,2020

New Delhi, Feb 1: India on Friday banned the export of personal protection equipment such as masks and clothing amid a global coronavirus outbreak.

It did not give a reason for the ban but it reported its first case of the new coronavirus on Thursday, a woman in Kerala who was a student of Wuhan University in China.

The central Chinese city of Wuhan is the epicentre of the outbreak, and the virus has since spread to more than 9,800 people globally and killed 213 people in China.

Several Indian citizens living in Wuhan will arrive in India by plane on Saturday and be taken to a quarantine centre on the outskirts of the capital New Delhi.

India, the world’s second most heavily populated country after China, has taken measures to ensure that all people arriving from China report to health authorities.

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