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
May 29,2020

New Delhi, May 29: Opining that there is no harm in importing ideas from abroad Swadeshi Jagran Manch, an affiliate of Rashtriya Swayamsevak Sangh, has suggested that India should take a cue from Pakistan and turn the “locust threat” into “chicken feed.

In an interview, Ashwani Mahajan, national co-convener of Swadeshi Jagran Manch (SJM) said: “I saw an article which shows that Pakistan has turned the locust threat into an opportunity by converting it into chicken feed”

“If there is a good idea originating from anywhere, we should be open to exploring such ideas. We should adopt good ideas. There is no harm in that,” he added.

He also shared the article on Twitter and wrote: “Pakistan turns locust threat into chicken feed. Need to understand the idea and replicate it in India.”

The article stated “an innovative pilot project in Pakistan’s Okara district offers a sustainable solution in which farmers earn money by trapping locusts that are turned into high-protein chicken feed by animal feed mills”.

“It was the brainchild of Muhammad Khurshid, a civil servant in the Ministry of National Food Security and Research, and Johar Ali, a bio-technologist from the Pakistan Agricultural Research Council,” according to the article.

Both Pakistan and India have been hit by locust attacks. These are desert locusts, which is one of the 12 species of short-horned grasshoppers. Swarms can comprise billions and travel up to 130 km in a day.

India has been battling the locust attacks with moderate success since December. However, the onset of monsoon could bring more trouble.

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News Network
June 26,2020

Bengaluru, Jun 26: Karnataka recorded 445 new Covid cases, majority of whom were contacts of earlier positive cases, breaching the 11,000 mark to settle at 11,005, an official said on Friday.

"New cases reported from Thursday 5 p.m. to Friday 5 p.m., 445," said a health official on Friday.

In the past 24 hours, 10 patients succumbed to the virus in Karnataka, three in Bengaluru Urban and one each in Kolar, Dharwad, Shivamogga, Bagalkote, Bidar, Kalaburagi and Ballari.

Like everyday, contacts of earlier cases outnumbered domestic returnees in the number of infections, constituting 39 per cent.

Positive cases with domestic travel history numbered 65, a mere 15 per cent and majority to Maharashtra.

There were also 21 cases with international travel history to countries like Oman, Qatar, Saudi Arabia and Dubai.

On Friday, cases spiked in Bengaluru Urban, Ballari, Kalaburagi, Koppal, Dakshina Kannada, Dharwad, Raichur, Gadag, Chamarajanagar, Udupi, Yadgir, Mandya, Uttara Kannada, Bagalkote, Shivamogga, Kolar and Mysuru.

Among the new cases, Bengaluru Urban accounted for 144, followed by Ballari (47), Kalaburagi (42), Koppal (36), Dakshina Kannada (33), Dharwad (30), Raichur (14), Gadag (12), Chamarajanagar (11), Udupi (9), Yadgir (7), Mandya, Uttara Kannada, Bagalkote, Shivamogga and Kolar (6 each).

Mysuru (5), Chikkamagaluru and Kodagu (4 each), Hassan and Bengaluru Rural (3 each), Vijayapura, Tumkur and Haveri (2 each) and Bidar, Belagavi, Davangere, Ramanagara and Chitradurga (1 each).

As many 144 patients are suffering from Influenza-like Illness (ILI) and 19 from Severe Acute Respiratory Infection (SARI).

In all, 5.68 lakh samples have been tested so far, of which 5.41 lakh tested negative.

Meanwhile, 178 patients are admitted in the ICU.

Of the total 180 deaths, Bengaluru Urban has accounted for 81, followed by Bidar (16), Kalaburagi (15), Ballari (9) and Dakshina Kannada (8), among others.

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Agencies
July 17,2020

Bengaluru, Jul 17: Karnataka Chief Minister B S Yediyurappa on Friday said lockdown is not the solution for controlling COVID-19 and made it clear that there was no proposal before the government to extend it in Bengaluru.

Bengaluru urban and rural areas are currently under "complete lockdown" since 8 pm of July 14 and it will be effective till 5 am on July 22.

With the spike in cases, speculations were rife that the current lockdown is likely to be extended for 15 days, as that much time is required to break the chain.

"Lockdown is not the solution to control COVID. There is no proposal before the government to extend the lockdown," Yediyurappa was quoted as saying by his office in a release.

The Chief Minister today chaired a meeting with Ministers who have been made in-charge of eight zones in the city and officials regarding the COVID-19 situation in Bengaluru.

Earlier too, on July 13, the eve of the lockdown, Yediyurappa had said the government did not plan to extend it in Bengaluru urban and rural districts, and had appealed to the people to cooperate by not paying heed to rumours.

However, earlier today city Mayor M Goutham Kumar and commissioner of the civic body Bruhat Bengaluru Mahanagara Palike B H Anil Kumar had favoured its extension.

They had said that in their personal opinion, a 15 day lockdown would be good, as that much time is required to break the chain.

The Opposition Congress too had asked for a minimum of 15 days lockdown after taking expert opinion.

"Respected Chief Minister, you have imposed lockdown in Bengaluru, but it is difficult to expect results from this lockdown, which has been imposed just for for the sake of it.

Take expert opinion and enforce strict lockdown in Bengaluru at least for 15 days.

If not, even if God comes,it will be difficult to protect Bengaluru," KPCC Working President Eshwar Khandre tweeted.

Speaking to reporters after attending the meeting chaired by the CM, Revenue Minister R Ashoka said lockdown will not be extended and all activities can resume as usual from July 22.

"Lockdown will not be extended. I'm saying this after discussing with the Chief Minister. There is no such thinking before the government.

CM has got report from the experts, it was discussed in the meeting.

By lockdown we can only postpone things, we have taken that breathing time.

If we continue lockdown it will keep on continuing," he said.

The Minister said the process of sealing places, wherever required, would continue.

He said the plan to conduct more tests was discussed at the meeting and all the required zone wise arrangements would be made

"We also discussed about beds and shortage of ventilators and steps will be taken to arrange for them," he said.

As of July 16 evening, cumulatively 51,422 COVID-19 positive cases have been confirmed in the state, which includes 1,032 deaths and 19,729 discharges.

Bengaluru urban district tops the list of positive cases, with a total of 25,288 infections.

Out of 4,169 fresh cases reported on Thursday, a whopping 2,344 were from Bengaluru urban alone

At the meeting, the Chief Minister said all necessary steps should be taken to clear all the difficulties faced by infected patients in getting admitted to hospitals.

The CMO statement quoted Yediyurappa as directing Ministers to hold meetings with private hospitals to ensure that COVID and non COVID patients get treatment.

Warning of strict action against private hospitals if they don't allocate beds for COVID patients,he said volunteers and nodal officers would be appointed to gather information about admission of such patients and availability of beds

The Chief Minister said rapid antigen tests should be conducted on those dying at hospitals or homes and necessary action taken to hand over the bodies or to conduct last rites as per the procedures, depending on the cause of death.

Recruitment was on to appoint doctors to resolve shortage, he said,adding that volunteers have been identified in each ward for micromanagement and ambulances allocated.

Marriage halls and lodges have been selected in all wards for those not having separate quarantine facilities, Yediyurappa said and stressed on increasing testing.

Deploying extra police force at places where there are chances of people gathering in large numbers, ensuring beds availability and ambulances within two hours of a patient testing positive- with decentralized monitoring, giving priority to those symptomatic above 65-years during allocation of beds were among directions given by the Chief Minister.

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