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
February 24,2020

New Delhi, Feb 24: The shared values between India and the US are "discrimination, bigotry, and hostility towards refugees and asylum seekers", Amnesty International USA said in a joint statement with Amnesty International India ahead of US President Donald Trump's visit to India on Monday.

Trump, accompanied by his wife Melania, daughter Ivanka and son-in-law Jared Kushner as well as senior officials of his administration, landed in Ahmedabad on the first leg of his two-day visit to India.

"Anti-Muslim sentiment permeates the policies of both U.S. and Indian leaders. For decades, the U.S.-India relationship was anchored by claims of shared values of human rights and human dignity. Now, those shared values are discrimination, bigotry, and hostility towards refugees and asylum seekers,” Margaret Huang, Amnesty International USA’s executive director, was quoted as saying in the statement.

It was a reference to the anti-CAA protests in India, the internet lockdown in Jammu and Kashmir and the Muslim ban expansion by President Trump affecting Nigeria, Eritrea, Myanmar, Kyrgyzstan, Sudan and Tanzania, the statement said.

It added that Amnesty International USA’s researchers travelled to Lebanon and Jordan to conduct nearly 50 interviews with refugees that as a result of the previous version of the ban have been stranded in countries where they face restrictive policies, increasingly hostile environments, and lack the same rights as permanent residents or citizens.

The statement also came down hard on the Indian government, hitting out at the Citizenship (Amendment) Act (CAA) 2019 and saying it legitimises discrimination based on religious grounds.

It criticised statements such as “identify them (the protestors) by their clothes” or “shoot the traitors” by Prime Minister Modi and his party workers. Such remarks "peddled the narrative of fear and division that has fuelled further violence", it said.

“The internet and political lockdown in Kashmir has lasted for months and the enactment of CAA and the crackdown on protests has shown a leadership that is lacking empathy and a willingness to engage. We call on President Trump and Prime Minister Modi to work with the international community and address our concerns in their bilateral conversations,” Avinash Kumar, executive director, Amnesty International India said in the statement.

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News Network
January 2,2020

Bengaluru, Jan 2: Prime Minister Narendra Modi on Thursday slammed states, which have not enrolled with the Pradhan Mantri Kisan Samman Yojana (PMKSY), saying that such petty politics has done great damage to the farming community.

"I expect that in the new year, those states which are not associated with the Kisan Samman Yojana will at least become a part of it this year," the Prime Minister said at a function in Tumakuru where he disbursed Rs 12,000 crore to six crore beneficiaries under the government scheme in one-go.

Also, he gave away the Krishi Karman Award to the selected farmers and distributed fishing equipment to the chosen ones on the occasion. Modi said political considerations by the state governments in implementing the PMKSY has caused severe loss to the poor farmers.

"Such politics has never strengthened the farmers. Our government understood your (farmers') needs, requirements and your aspirations and accordingly tried to implement the schemes," said Modi.

He further said his government never saw agriculture in fragments but in its totality. Claiming his government has ensured that the entire money reached the poor beneficiaries, Prime Minister hit out at the previous governments, when middlemen ruled the roost.

"There was a time when a rupee was rolled out (by the government) for the poor person, only 15 paise would reach him. The middlemen would pocket the remaining 85 paise. "Today, whatever money is dispatched from Delhi, the entire amount directly reaches the bank account of the beneficiary," he said.

He told the gathering about the various initiatives taken by his government to improve the agriculture sector such as completing the pending irrigation schemes, soil health card and 100 per cent neem-coating in urea.

Due to the initiatives of the government, agriculture production has gone up, he said. Speaking about measures in the fisheries sector, the Prime Minister said the sector has been promoted in the villages, financial help given to fishermen, modernisation of boats and building fisheries-related infrastructure have been done.

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Ram Puniyani
January 26,2020

During last couple of decades we have been witnessing the coming up of various statues in different parts of the country. There is diverse political logic and different set of political tendencies for erecting these statues. When Mayawati was UP CM, she got multiple of her own statues made, in addition to many statues of major dalit icons, irrespective of the criticism against that act. As per her strategy it was a symbol of identity of dalit assertion. The biggest statue to come up was that of Sardar Vallabh Bhai Patel, a lifelong Congressman, whom RSS combine is trying to appropriate. This statue of Unity was ‘Made in China’. The clever trick was that the same forces were behind this statue, which was banned by Patel in the aftermath of Gandhi murder. Interestingly while currently BJP is blaming Congress for Partition of India, ironically it was Sardar Patel who was in the committee which gave final stamp of approval for the partition of India.

There is also a talk in UP, where the Ram temple campaign yielded rich electoral dividends for BJP, to have tallest statue of Lord Ram in Ayodhya. In a state where children are dying in hospitals due to lack of Oxygen cylinders, a huge budgetary allocation will be required for such project. While on statues one should also remember that in Maharashtra a tall statue of Chatrapati Shivaji Maharaj is underway in Arabian Sea, near Mumbai. Only few voices of protest against it came up, e.g. that of renowned journalist, now, MP, Kumar Ketkar, whose house was vandalised for his opposing the move on the grounds that same massive amount can be utilized for welfare-development activities in the state.

On the back of this comes a comparatively low budget 114 feet tall statue of Jesus Christ in Karnataka, in Kappala hills Harobele village, where Christian pilgrims have been thronging from last several centuries. The land for this has been donated by Congress leader Shivaprasad and his brother, a Congress MP. It is planned to be carved out from a single rock. The plan of this statue is being opposed by those who have been behind most of the statue projects so far. Hindu Jagran Vedike, VHP, RSS are up in arms saying that they will not let this come up. There are various arguments cited for this opposition. It is being said that this was a place of worship of Lord Munnieshwara (a form of Lord Shiva).

More than this it is being argued that Shivakumar is trying to please his Italian boss in the party. Also that this will bring back the period of slavery of foreign rule, the colonial rule of British. As such this opposition is more in tune with the ideology of RSS combine, which has been for a statue here and a statue there. Their politics regards Christianity as a ‘foreign religion’! It is true that in Citizenship Amendment Act, they have not excluded Christianity while other religion, which they regard as ‘Foreign’ i.e. Islam. Here they are using a different logic, that the countries from where persecuted minorities are coming, are Muslim countries, Pakistan, Afghanistan and Bangla Desh.

In India the major targeting by RSS combine has been against Muslims, but Christians are also not spared. Starting in the decade of 1980, an intense propaganda has been going on that Christian Missionaries are converting. As RSS affiliate Vanvasi Kalyan Ashram became active in Adivasi areas, the likes of Swami Aseemanand, Swami Laxmanand and followers of Aasaram bapu spread out in Tribal areas. They started their programs to popularise Shabri and Hanuman, with congregations like Shabri Kumbh being regularly organized in these areas. The aim was to Hinduize the people in those areas.

The first major anti Christian violence came up in the ghastly form of burning alive of Pastor Graham Steward Stains along with his two minor sons Timothy and Philip. RSS affiliate Bajrang Dal's Dara Siingh aka Rajendra Pal was behind this and he is serving the life term for that. At the same time Wadhva Commission was appointed to investigate this crime which shook the country and President K.R. Narayan termed it as the one belonging to the inventory of the black deeds of human history.

The Wadhva commission report pointed out that there was no statistical significant change in the region where the pastor was working. Similarly the national figures tell us that the Christian population, if at all, has marginally declined in last five decades as per the census figures. They stand like this, percentage of Christians in population, 1971-2.60, 1981- 2.44, 1991-2.34, 2001-2.30 and 2011-2.30. There are arguments that some people are converting to Christianity but are not revealing their religion. This may be true in case of miniscule percentage of dalits, who may not reveal there conversion, as they stand to loose reservation provisions if they convert.

The anti Christian violence is scattered and is below the radar most of the places. There was massive valence in Kandhamal, Orissa, when on the pretext that Christians have murdered Swami Laxmananand, a massive violence was unleashed in 2008. On regular basis prayer meetings of Christians are attacked on the pretext that these are attempts at conversion. While there is a huge demand for the schools and colleges run by Christian groups, in Adivasis areas and remote areas the work of Swamis is on.

Now the trend is to dump Christian traditions. Since Ramnath Kovind became President, the usual practice of Carol Singers visiting Rashtrapati Bhavan has been stopped. In the army retreat so far ‘Abide with me’ by Scottish poet, Henri Francis Lyte, a Christian song, a favourite of Gandhi, has been dropped. The Christian minorities have perceived the threat in various forms. Currently they are as much part of the protests against CAA, NPR and NRIC as any other community.

While statues and identity issues cannot have primacy over the social development issues, it cannot be selective. To oppose Jesus Christ statue while spending fortunes for other statues is a part of the agenda of RSS combine, which is unfolding itself in various forms. opposition to Jesus Christ statue being yet another step in the direction.

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