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 21,2020

Bengaluru, May 21: Karnataka reported 116 fresh cases of coronavirus on Thursday, taking the state tally to 1578. 

So far, 570 people have been cured and discharged while 41 have succumbed to the virus, informed the state health department.

Out of the 116 cases, 71 have a history of inter-state travel history to Maharashtra.

Out of the 116 cases, 27 are from Udupi alone, 15 cases are reported from Mandya and 13 are from Hassan. Bengaluru Urban saw seven new cases.

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coastaldigest.com news network
February 23,2020

Mangalore University has been participating in the campus bird count a sub-event of ‘Great backyard bird count’ (GBBC) organized by Bird Count India for the past 5 years. This year, CBC was held from 14th to 17th February of 2020 across various campuses in India.

This year the four days event was successfully ended up with the sightings of 103 species of birds from various locations across the campus spread on 300 acres. In this Black Drongo, Black Kite, Brahminy Kite, Common Iora, Green Wabler, Purple-rumed Sunbird, Red-whiskered Bulbul, White-cheeked Barbet, Jungle Babbler and Plum headed parakeets were the common birds, and also observed House Crow with nest and nestlings, Indian Robin nest with eggs, Bronzed Drongo constructing the nest and Shikra mating and carrying nesting materials.  Whereas Yellow-billed Babbler is rare in the campus, Ashy Drongo, Barn Swallow, Booted Eagle, Grey Wagtail, Indian Pitta etc. were migratory birds, Grey-headed Bulbul (Near Threatened bird), Rufous Babbler and Grey-headed Bulbul were Western Ghats Endemics  and Brown Wood Owl, Barn Owl, Spotted Owlet, Nightjars (Savanna, Indian and Jerdon’s) and Sri Lanka Frogmouth were nocturnal birds. Blue-eared Kingfisher Grey-bellied Cuckoo which was very rare and new additions to avian list of the campus.

In the first year (2016) of Mangalore University’s CBC recorded 77 species, in 2017 recorded 95 species, in 2018 recorded 110 species and in 2019 recorded 107 species of birds. However some of the common species like Rose ringed parakeets, Blue tailed bee-eater, Nilgiri Flowerpecker and Indian roller etc., sighted last year were not seen this year. But with 2 new additions from this CBC, the checklist of Mangalore University Campus has been updated with a total of 141 species.

This event was coordinated by Vivek Hasyagar from the Department of Applied Zoology and Maxim Rodrigues from the Department of Marine Geology. Survey trails were led by more than 60 students and research scholars from various Departments of Mangalore University includes Applied Zoology, Biosciences, Microbiology, Botany, Physics, Chemistry and Material Science.  In addition, some enthusiastic participants from St. Aloysius College had involved in identifying the birds around the campus.

Quote:

Wild/planned fire affects negatively on the existing ecologically sensitive areas in and around the campus especially in lateritic grasslands. Because many insectivorous birds are dependent on these lateritic grassland habitats for their food and breeding grounds for many ground dwelling birds like Yellow wattled lapwing, Red wattled lapwing, Indian Robin and Barred buttonquails. Conserving these habitats will be helpful in protecting these birds.

Quotes from the participants: “The Campus Bird Count 2020 at Mangalore University was an experience of its own kind. Observing birds in their natural habitat gave me new perspective of viewing them not only as another living being, but as equals, or even of higher intelligence. The Campus Bird Count is an important step towards documenting bird life year after year, and creating awareness amongst youngsters, so that proper conservation steps can be taken to protect them from human interference”.

-Jyotsna Dessai ( 1 M.Sc Zoology)

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coastaldigest.com news network
June 10,2020

Udupli, Jun 10: A promising Kabaddi player and young businessman allegedly committed suicide inside his father’s boat today at Malpe fishing port as he had suffered heavy loss in business due to covid lockdown. 

The deceased has been identified as Bhagyaraj (27), a resident of Pavanjigudde in Badanidiyoor, Bailakere. He was working as writer for two boats owned by his father. He was a well-known Kabaddi player in Udupi district. 

It is said that he had raised a huge loan to build a house and also acquired a fishing boat. However, he suffered heavy losses in business due to lockdown. Fish famine added to his woes. 

Upset by these developments, Bhagyaraj hanged himself inside his boat that was anchored at the port. A case was registered at Malpe police station. Investigations are on.

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