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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coastaldigest.com news network
July 28,2020

Bengaluru, July 28: Former prime minister and JD(S) chief H D Deve Gowda today threatened to launch a state-wide agitation in against the amendments made to the Karnataka Land Reforms Act.

Gowda’s opposition to the new law comes even as Congress leader Siddaramaiah is also doggedly pursuing it.

Demanding that the state government immediately rollback the ordinance empowering these amendments, the octogenarian leader said he personally would take to streets if the government failed to budge.

The B S Yediyurappa government has liberalised the land reforms law by removing restrictions on non-agriculturists from purchasing and owning farm lands.

The government has also amended the APMC Act and has tweaked labour laws, which are all “against the interest of the state and must be rolled back,” Gowda said.

Speaking to reporters here, Gowda stated that he had already written thrice to Chief Minister B S Yediyurappa in this regard. "The ordinances have to be taken back. The amendments to Karnataka Land Reforms Act, by repealing sections 79-A, B and C, is an anti-farmer move. The APMC Act amendment, too, is against the interest of the state. The government has failed to speak about the impact of these amendments," said Gowda, who is now a Rajya Sabha member.

Elaborating on the amendment to the Land Reform Act, the JD(S) patriarch opined that by throwing open agricultural land ownership to anybody at all, the government was only helping real estate developers while pushing farmers into a “vulnerable” situation.

Amidst all this, there are now reports of funds misappropriation in Covid-19 relief measures and in procurement of medical equipment, he said, adding that it seemed like only the corrupt became stronger over time.

Further, Gowda lambasted both national parties for creating political unrest, referring to the ongoing political crisis in Rajasthan and the recent developments in Madhya Pradesh. However, he added that he would not wish to dwell on it much, while emphasising that his focus was primarily on strengthening his own party at this point in time.

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News Network
April 29,2020

Kasaragod, Apr 29: Kasaragod's General Hospital on Tuesday discharged the last of its 89 COVID-19 patients, who were admitted since the outbreak of the disease last month.

The patient discharged on Tuesday is a native of Anankur in Kerala. He was under treatment for 27 days following his return from Dubai. He was given a warm send-off at 12 noon by the doctors and hospital staff.

Of the 175 positive cases in Kasaragod district, only 12 are under treatment in other hospitals in the district now. Of them, seven had come from the Gulf and the remaining five were those in contact with them.

During a press meet, Chief Minister Pinarayi Vijayan, while referring the Kasaragod General Hospital's success story, congratulated the doctors, nurses and medical staff for the achievement.

According to Health Department, in spite of treating the highest number of COVID-19 patients in the state with meagre infrastructural facilities and even without the support of a medical college in the district, there have been no deaths.

According to the district administration, Kasaragod has conducted 4,112 tests so far, out of which 3,104 tested negative and the results of 833 are awaited.

The team of doctors, nurses and other staff numbering 250 is led by Dr Rajaram K Kandiyil, Superintendent of the Kasaragod General Hospital.

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News Network
July 4,2020

A 53-year-old Indian worker in the UAE has missed a special repatriation flight after he dozed off at the Dubai International Airport, a media report said.

P Shajahan, who worked as a storekeeper in Abu Dhabi, was supposed to fly to Thiruvananthapuram on the Emirates jumbo jet chartered by the Kerala Muslim Cultural Centre (KMCC) Dubai, Gulf News reported.

It was the first-ever jumbo jet chartered for repatriation.

Shajahan, who had paid 1,100 dirham (USD 300) for the ticket, said that he did not sleep on the previous night as he kept on waiting for the confirmation of his ticket for the jumbo jet flying 427 stranded Indians to Kerala, it said.

He reached the airport early in the morning and after finishing the check-in procedures and rapid test, he reached the waiting area of the boarding gate at Terminal 3 around 2 PM local time, the report said.

“I sat away from most of the others. But I fell asleep after 4.30 PM,” he said.

S Nizamudeen Kollam, who coordinated the charter flight, said that the airline officials could not trace Shajahan when the flight was to take off.

“He woke up and called us after the flight left. It is sad that he missed the flight, which was the first-ever jumbo jet chartered for repatriation. We are now trying to send him on another Emirates flight that we are chartering on Saturday,” Kollam said.

Since Shajahan did not have any money, Jasimkhan Kallambalam, organising secretary of KMCC Thiruvananthapuram, went to the airport to meet him on Friday.

“Since his visa was cancelled, he could not come out of the airport. He had only eaten the snacks in the kit KMCC had given. We managed to give him some cash for buying food through KMCC volunteer Alamsha Latheef,” Kallambalam said.

In March, another Indian expat had fallen asleep in the same terminal and missed the last flight home before flights were suspended due to the COVID-19 pandemic.

He was stranded here for over 50 days before getting repatriated.

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