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
April 18,2020

Bengaluru, Apr 18: Amid fears that people from the unorganised sector are running out of cash to meet their daily expenses, the Karnataka government said there was no data available for such labourers, who can be provided financial assistance under the direct benefit transfer (DBT) scheme.

"The government does not have data of people in the unorganised sector such as drivers, farmers, domestic help and others. If we have to deposit directly into their account, we need data..," State Labour minister A Shivaram Hebbar told reporters.

The minister said a situation borne out of the COVID-19, where the entire nation has been lockdown was never anticipated.

To him, the pandemic has given an opportunity to gather information about the unorganised sector.

"This COVID-19 has taught the department and the workers a lesson that we should be prepared for a situation like this. We have learnt that all the information about labourers should be available with the labour department," Hebbar conceded.

The minister opined that the department should have had the list during the good times but nobody bothered to have it.

"During the good times nobody bothered about it -- neither they (beneficiaries) asked for it, nor we thought of it.," Hebbar said.

Now that the pandemic has struck, the government is focusing only on not letting anyone starve to death.

A three-level preparation has been made -- at the village level, Taluk level and the city level, the minister said.

Village anganwadis have been stuffed with food items to be cooked for the needy, whereas in Taluk level, government hostels have been turned into shelters for the labourers, he said, noting that lakhs of philanthropists in cities have come forward to feed the people from unorganised sector.

"The basic objective of our government is that no one should starve to death. The issue of organised or unorganised sector comes next," he explained.

On the fear of large-scale retrenchment, the minister said notices have been served on all the industries that no one should be expelled from the job.

However, Hebbar underlined that the industrialists today are as much in distress as the workers and his department was taking into account everyone's concern.

A decision will be taken in this connection by the government in the next two days, to provide assistance to small enterprises to keep them afloat.

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News Network
January 3,2020

Kasaragod, Jan 3: A serving officer of the Central Intelligence Bureau (CIB) was found dead inside his car in Bekal town near here early on Friday.

Police sources said the officer, Rijo Francis (35) has been under treatment after he had an heart attack last year.

Police suspect that the death could be due to heart failure.

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News Network
February 29,2020

New Delhi, Feb 29: The arsonists, who were allegedly hired by the pro-CAA politicians in Delhi to unleash violence against Muslims, did not even spare the residence of Border Security Force personnel Mohammed Anees.

While the jawan, who has spent three years guarding the borders along Jammu and Kashmir, had hoped that his job profile mentioned on the nameplate hung outside their two-storey house would discourage the vandals, he was proved wrong. 

The nameplate on house number 76 in Khas Khajuri Gali clearly mentioned it was the property of a security force personnel who protects India’s borders from foreign invasions. Yet, it was burned down on the afternoon of February 25.

First, the ruthless goons set the vehicles parked outside the jawan’s house on fire, then they torched his home. Stones were also pelted at his house amid slogans of “idhar aa Pakistani, tujhe naagarikta dete hai” (Come here Pakistani, get your citizenship). 

Apart from Anees, his father Mohammed Moonis, 55, uncle Mohd Ahmed, 59, and 18-year-old cousin Niha Parveen were in the house. Sensing what was about to go down next, they all escaped from the house, and were helped by paramilitary troops.

Charred remains of the house now stand where the house was till three days ago. In the two lanes of Khajuri Khas near Anees’s house, 35 houses were set on fire. 

The loss suffered by the BSF soldier’s family was perhaps greater as they had kept all their life’s savings inside: two weddings in the family were to take place in the next three months.

Niha Parveen was to get married in April and Anees himself was to get married the following month. “All the things we collected all our life, jewellery – two gold necklaces, silver jewellery, it is all gone,” the family said.

“We used to buy jewellery on instalments… used to give money every month and collected this jewellery,” they said. Rs 3 lakh in cash for the wedding arrangements also got burnt along with other valuables and all their belongings.

Khajuri Khas is a Hindu-majority area, but Anees’s family says no neighbour of theirs was involved in the attack. “People came from outside.” Instead, their Hindu neighbours were asking the rioters to leave. They requested them to leave and helped douse the vehicles on fire.

Comments

Angry Indian
 - 
Sunday, 1 Mar 2020

India now divided into 3 section..

GOOD Hindus, Muslim & Evil Hindutva.

 

we Good hindus and muslim must unite to save the great india.

 

from now onwards every good hindu and muslim must keep weapon in his home like petrol, sword, sharp knife, hammer etc..

 

when the evil hindutva terror enter your house you shoul fight till death...these dogs only attack in number...if few they run..

 

before you die atleast kill one hindutva terror dog..

 

 

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