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
March 15,2020

Bengaluru, Mar 15: The week-long ban imposed by the Karnataka Government from Saturday is yet to get a total response in the State to fight against the spread of killer disease Coronavirus (COVID-19).

The ban has witnessed a considerable reduction in the travelling public by Bus and train. Bus terminal and Railway stations wore desert look or only a very few public travelling. KSRTC, which was maintaining service for every 10 minutes once between the State Capital and to City of Palaces, was forced to cancel most of the service due to very little patronage. 

"We were left with no option but to cancel the fleet since there are no passengers," sources at the KSRTC Bus terminal told media persons.

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KT
April 10,2020

Apr 10: The UAE reported 331 new coronavirus cases - through extensive testing - and two deaths late Thursday night.

The UAE conducted over 40,000 coronavirus tests over the past two days across various segments of society, including citizens and residents, using latest state-of-the-art-technology in line with the Ministry of Health and Prevention's plans to intensify Covid-19 screenings to contain the spread of the virus.

The Ministry also revealed that two patients suffering from Covid-19, an Asian national and an Arab, had died due to complications caused by the virus. Both of the deceased had prior chronic illnesses. The total number of deaths has now reached 14.

UAE announced on Thursday that places of worship will be closed in the country until further notice - amid the coronavirus situation. Authorities decided to extend the closure of mosques, churches and other places of worship in the UAE until further notice for the safety of community members, Wam reported. The measure has been taken to prevent the spread of Covid-19 in the country.

The decision was taken in coordination with the National Authority for Emergency and Disaster Management, the General Authority for Islamic Affairs and Endowments, federal, local religious bodies and health authorities in the state.

Residents face deportation for breaking rules

People who repeatedly flout 'stay at home' measures and endanger others' lives are inviting harsh punishments including deportation, a senior police officer has said.

"The UAE's Attorney-General has already announced the fines and punishments for breaking rules on social distancing and curfew restrictions. Repeated offenders or those who commit crimes that have a 'snowball' effect on the society will be fined, jailed and deported at the end of their term," said Col Saeed Al Hajeri, head of the Cyber Crime Department at Dubai Police, in an exclusive interview with Khaleej Times.

Al Hajeri said the Dubai police are tightening the noose against violators by resorting to 'naming and shaming' them.

The officer said 'reckless residents' will face serious consequences as they are not allowing the government to serve the people.i.  

Movement permit not to be misused

The officer said residents should not misuse the movement permit introduced by the Dubai Police and those who go out without a permit will be fined on their Emirates ID. Al Hajeri said they expect residents to be highly responsible. "Those who are exempted from taking movement permit can use the company letter to go to work but not for other purposes. You cannot fool the system by obtaining a permit for buying medicine and then going out to visit your sister or brother."

Social media as a double-edged sword

Warning people against circulating rumours and videos mocking authorities, the he said people should instead use the time to be productive or creative.

"We encourage people to use this time to learn new skills and not create scams and endanger the society. This is a difficult time and it will pass. What is more important is what you gain out of this."

Col Al Hajeri said the Dubai Police are aware that many people are using social media as a positive tool and encourage them. "We encourage that, and want people to use social media for positive messaging, to spread awareness about personal hygiene, social distancing and various precautions to be followed."

13 new drive-through coronavirus test centres open across UAE

Thirteen new drive-through testing facilities for Covid-19 have been opened across the UAE over the recent days. The Abu Dhabi Media Office on Thursday reported that under the directives of His Highness Sheikkh Mohamed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, 13 additional Covid-19 drive-through testing facilities were opened in 10 days, in addition to the centre previously opened in Zayed Sports City in AbuDhabi.

According to authorities, more than 12,000 people have been tested since the centres opened .

The examination process begins by booking an appointment in advance by calling the 8001717 Estijaba centre, or through the SEHA smart application, for an initial assessment.

Priority will be given to those with symptoms, senior citizens, pregnant women and those who suffer from chronic diseases.

Precautionary examinations costs Dh370, and payment will be done electronically through the SEHA application.
 
50,000 workers to be screened in a month

A massive initiative has been launched by healthcare provider Right Health and Al Futtaim Health's HealthHub to screen 50,000 workers for Covid-19 within a month.

Out of the 58 facilities across the UAE, 33 primary health centres of the Right Health are located at the workers' accommodation areas in Jebel Ali, Sonapur and Al Qouz.

"We will be working with businesses across the UAE to ensure their workforces stay safe and healthy. It is essential that private healthcare providers do everything they can to support the government's efforts to combat the Covid-19 pandemic. The objective of this campaign is to screen as many people as possible.

Crime falls by 96% in Sharjah

A massive drop in crimes has been observed in Sharjah after the implementation of Covid-19 precautionary measures. The crime rate has declined by 96 per cent, according to the Sharjah Police. Only 48 cases were reported in the emirate during this period compared to 717 cases registered last year.

Dispose of masks, gloves safely, say police

Motorists caught throwing face masks and gloves out of their vehicle windows will be fined Dh1,000 and six black points will be registered against their driving licences, the police have warned. The Abu Dhabi Police on Thursday said some people have been throwing used masks and gloves out of the car windows, violating traffic laws. "The masks and gloves pose a threat to public health and the environment. They may have been contaminated and lead to the spread of diseases," the police said in a statement. The police also noted that adhering to precautionary measures that prevent the spread of communicable diseases is everyone's responsibility.

Medical experts explain UAE's high Covid-19 recovery and low death rates

Compared to global rates of Covid-19, the UAE has been showing very high recovery and very low death rates.

According to statistics made available on the World O Meter, the Covid-19 death rate in the UAE is only 0.5 per cent of the total 2,659 infected.
Khaleej Times reached out to UAE doctors and medical experts who have attributed this phenomenon to the UAE's high healthcare standards, the country's predominant younger population, and residents' compliance to the Stay at Home guidelines.

'UAE age structure plays a role'

However, Dr Standford said: "Although death occurs at all ages, there is a predominance of the elderly. The age structure in the UAE is completely different from most countries outside the GCC as there is a predominance of young expatriates here under work permits.
He added: "Most (expatriates) will leave the country by the age of 60. There is therefore only 1.5 per cent of residents aged 65 or more. Compare this with a country like the UK where the equivalent number is 18.2 per cent."

Early intervention

Dr Jacob Cherian, specialist internal medicine, Medcare Medical Centre Marina and medical director for Medcare Medical Centres, attributed early intervention and intensive testing as one of the main reasons for the UAE's faster recovery rates.

"Compared to other countries, the UAE adopted early intervention measures. The UAE closed schools and limited social gatherings when there were hardly any cases," he said. Compliance from residents and a relatively younger and healthier population are other reasons for the lower death rates and high recovery rates, according to Dr Jacob.

Pakistan extends suspension flight operations till April 21

The Pakistan government has extended the suspension of domestic and international flight operations in the country until April 21 in a bid to contain the coronavirus spread, said a notification issued by the Civil Aviation Authority (CAA).

In its last notification, the CAA had said that diplomatic, special/cargo flights and flights of national carrier to/from Pakistan holding special approval from the competent authority for transporting stranded passengers would be exempted from the ban.

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Abu Muhammad | coastaldigest.com
January 16,2020

Even as the Muslims of undivided Dakshina Kannada district broke out of the “spiral of silence” and made history by leading an unprecedented protest against CAA, NPR and NRC as well as the categorial mistreatment of non-saffronites at the hands of the police across the country, mainstream media turned a blind eye to the spectacle at the Shah Garden Maidan in Mangaluru’s Adyar where about two lakh patriots with tricolor in their hands converged to assert themselves on January 15th, 2020, a date which will be remembered by the people of coastal Karnataka forever.

The largest gathering in the history of Mangaluru was absolutely peaceful, law-abiding and respectful. While the slogans of ‘Azaadi’ were reverberating in the atmosphere, the protesters were seen making way for vehicles and passersby, taking care of women and helping elderly citizens on the highway adjacent to the ground. Though the organisers and most of the participants were Muslims, they collectively identified themselves as “We, the people of India”.

The district administration and the police department hadn’t imagined or even dreamt of such a mammoth gathering after blocking the highway and banning public transport from 9 am to 9 pm. Many opine that this action was taken only to discourage the concerned from participating in the protest and to create fear in the hearts of the people who are yet to process the unjustifiable deaths of two innocent citizens in an unwarranted police firing a few weeks ago.

What has since surprised the protesters most is the mainstream media’s blatant attempt to downplay the significance of this largest ever gathering. Shockingly, it could not make it to the front pages of any of the state-level Kannada daily newspapers except city-based Vaartha Bharathi. In the absence of The Hindu, which had announced a holiday on account of Makar Sankranti, most of the English newspapers too pitilessly buried the historic event in their inner pagers. National TV channels too were evidently reluctant to cover the event until NDTV started telecasting the news of the protest.

This uneasy relationship between the media and minorities in coastal Karnataka has long existed, but the non-coverage of the huge protest of Jan 15 marks a quantum leap beyond the media’s traditional pro-Sangh Parivar stance and biases –– which in the past had often demonised non-saffronites –– to now completely ignore and suppress the people’s voice. This media bias has naturally evoked a sharp response from netizens, who took to social media to issue clarion calls to boycott the mainstream media forever.

Cleanliness Drive

Most major protest meets and rallies –– both religious and political –– leave behind tonnes of garbage, especially water bottles, placards and buntings. However, the organisers of the Jan 15 protest meet led by example by launching a cleanliness drive in the area soon after the protesters left the venue peacefully. The drive continued on Jan 16 too. (Ironically, amidst this ongoing cleanliness drive, a local news portal captured photos of a few plastic bottles scattered along the road at Adyar and published a report accusing the event organisers and participants of polluting the area!)

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