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 4,2020

Puttur, Jan 4: As many as 27 passengers travelling in a private bus escaped with minor injuries after it toppled and fell into a roadside trench at Amai near Perne on Mangaluru-Bengaluru national highway last night, police said on Saturday.

Police said that the driver of the Bengaluru-bond bus lost control over the vehicle while traversing through the narrow bridge at Amai.

The bus was damaged in the mishap.

Comments

SAYED HUSAIN
 - 
Sunday, 5 Jan 2020

this is one of the important case that now seen to be increasing these days.  and one of the most problem that is faced and had has to be found a solution is overspeeding by bus driving which have resulted in enomours numbers of accidents with negligence of passengers lifes inside the bus.  passengers safety and lifes are not given value anymore. and another important factor is overspeeding in humps  which have resulted in backbone injuries in high number of passengers

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News Network
July 22,2020

Bengaluru, July 22: Complete lockdown on Sundays and daily night curfew would continue across Karnataka to contain the coronavirus spread, a top officia.

"Though lockdown will be lifted from 5 am on Wednesday across the state, night curfew will continue daily from 9 pm to 5 am to restrict movement of people and vehicles. Total lockdown on Sundays will also continue on July 26 and August 2," said state Chief Secretary T.M. Vijaya Bhaskar in an order here.

The order to unlock Bengaluru and four other districts - Dakshina Kannada, Dharwad, Kalaburagi and Kodagu, which have been under 7-9 day lockdown since March 14 night came after Chief Minister B.S. Yediyurappa declared that lockdowns would not be re-imposed across the state hereafter.

Besides restrictions in containment areas to control the virus spread, the order banned reopening of gyms and prevented use of benches in parks by walkers or joggers.

"All vegetable and fruit markets in cities and towns across the state will be shifted to the suburbs or outskirts to decongest them and prevent crowding," said the order in Kannada.

Wearing mask, sanitising hands and maintaining social distancing will be strictly enforced and violators will be fined.

Suburban train and metro services will continue to remain shut till further orders.

Select long-distance express trains will continue to operate as per the standard operating procedure given by the Union Ministry of Home Affairs on May 30.

"State-run and private buses in cities and on intra-state and inter-state routes will operate with limited number of passengers to ensure physical distancing. All buses will be sanitized and fumigated after every trip," said the order.

Schools, colleges, cinema theatres, multiplexes will remain shut to prevent crowding and violation of social distancing.

Ban on religious functions and mass gatherings will also continue.

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News Network
January 23,2020

Bengaluru, Jan 23: City civic body Bruhat Bengaluru Mahanagara Palike (BBMP) levied a penalty of Rs 50,000 on the Karnataka State Cricket Association (KSCA) for using single-use plastic cups during the recent India-Australia one-day international match at the M Chinnaswamy Stadium in Bengaluru.

"Despite many awareness meetings, BBMP has found that single-use plastic cups were used during yesterday's cricket match and has fined KSCA Rs 50,000 as penalty," tweeted the civic body commissioner BH Anil Kumar.

The state cricket association treasurer Vinaya Mruthyunjaya said the civic body gave a general notice without detailed information on plastic use.

"We have been environmentally friendly for the last many years and at all gates, security has made sure no plastic or flex was allowed inside the stadium," Mruthyunjaya told media.

Mruthyunjaya said KSCA sought information from the civic body as to where the single-use plastic cups were found in the stadium during the India-Australia match.

On January 16, KSCA president Roger Binny inaugurated a plastic bottle shredder at the Chinnaswamy Stadium, in addition to other green initiatives at the cricket ground such as solar panels, sub-air system, biogas unit, rainwater harvesting and others. 

Similarly, in December 2019, BBMP cracked down on popular fast food eatery – Adyar Anand Bhavan in HSR Layout and fined the establishment Rs 1 lakh for plastic use.

In October, the BBMP fined eateries including McDonald's in central Bengaluru for using plastic.

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