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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 30,2020

Bengaluru, Jan 30: The BJP government of Karnataka has given green signal to the proposal of hiking milk prices by Rs 2 per litre.

The new prices will come into effect from February 1. Seeking revision of prices, the Karnataka Milk Federation (KMF) had submitted a proposal last week to the state government. Alongside the revision of milk prices, the state government has also hiked the prices of curd by Rs 2 per liter.

The sudden hike in the prices of milk, curd is likely to have a cascading effect on the milk related beverages such as coffee, tea, and milkshakes with hoteliers and eateries mulling to increase the prices of coffee and tea following the hike in prices.

Sources in the state government revealed to DH that out of Rs 2, farmers will be getting a lion’s share as their accounts will be credited with Rs 1. Another 40 paise will be given to the farmers towards the insurances of their livestock.

Another 40 paise will go to the milk salesmen in the form of commission. The remaining 20 paise will be distributed among the workforce at the milk cooperative unions as an additional incentive.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
August 4,2020

Mangaluru, Aug 4: The Karnataka Beary Sahitya Academy has announced the names of the winners of its annual honorary awards (Gaurava Prashasti and Gaurava Puraskara) for the years 2019 and 2020.

Rahim Uchil, the president of the Academy announced the names at a press conference in the city today. Beary Academy registrar Poornima and member Shamsheer Budoli were also present in the press meet. 

Gaurava Prasasthi-2020 winners are: Basheer Ahmed Kinya (Beary literature), Veena Mangaluru (Beary cinema, drama and art) and Siddique Manjeshwara (Beary organisation and social service) 

Gaurava Puraskara-2020 winners are: Dr Mohammed Ismail (medicine), T A Mohammed Asif (education), Iliyas Mangaluru (social service), Abdul Rasheed aka Rash Beary (Beary organisation) and Safwan Shah Bahrain (young talent). 

Gaurava Prashasti-2019 winners are: Abdul Rehman Kutthethur (Beary literature), Ismail Tannirbhavi (Beary art) and M Ahmed Bava Moidin (Beary organisation and social service).

Gaurava Puraskara-2019 winners are: Abdul Razzak Ananthady (Beary education), T S Hussain (Beary literature), Abdul Majeed Suralpady (General), Asif Karnad (social service) and Ali Kunhi Paare (Beary organisation). 

The Academy’s "Gaurava Prashasti consists of Rs 50,000 cash prize, shawl, garland and citation, while "Gaurava Puraskara" consists of Rs 10,000 cash prize, shawl, garland and citation.

Mr Uchil said that the awards will be conferred in a formal function after discussing the dates with chief minister once the covid-19 situation comes under control. Even though the winners for the year 2018 were announced, they weren’t conferred on the achievers. Hence those awards also will be conferred in the same ceremony, he said.

About the winners:

Basheer Ahmed Kinya: He has been involved with the Beary music sector since the last 21 years in the form of singer, and poet. He has provided lyrics for over 150 Beary audio cassettes and also sang them. His first audio cassette, Maskattoru Kallas' had created a record by getting sold out within four to five days. He has also created several non-stop cassettes and Duf songs. 
 
Veena Mangaluru: She has acted in the first Beary cinema. She has acted in over a thousand plays in different languages. 'Mami Marmolu', Kurfat Katte/Amadakaro Chiri, and Shamimarabal are some of the plays she has acted in. 
 
Siddique Manjeshwar: A social worker and activist. Through social media, he led a blood donation campaign and thereby helped thousands of people.  There are over 10,000 members in his 54 WhatsApp groups who are ready for blood donation. His ‘Blood Donate Mangaluru’ drive has been able to collect over 26,000 units of blood and conducting over 250 blood donation camps so far. He was honoured with a special award of the chief minister of Kerala. 

Dr Muhammed Ismail: Dr Muhammed Ismail completed his medical education in 1989 and has been serving different hospitals since the last 30 years being a highly respected doctor. He also is an honorary medical officer of the Wenlock Hospital Mangaluru. He has served as an office-bearer of Indian Medical Association, Karnataka Medico-legal Society etc.
 
T A Mohammed Asif: He has been providing education to over 360 students from LKG to the eighth standard through Adarsh Group of educational institutions. He is also active in the social sector and has distributed school bags and books to poor students. During the lockdown, he distributed free food items worth about Rs 10 lac.
 
Ilyas Mangaluru: He had fought against the menace of dowry. He has got over 500 girls married through an organization, 'Dowry Free Nikah'. He has also created an app, Free Nikah, which helps boys and girls to find suitable matches. 
 
Rash Beary: Abdul Rasheed aka Rash Beary is known for using social media to help the people. By establishing 'Beary Nikah Helpline' he has helped several poor Beary women to get married. He also provides free counselling services to couples from all religions. With the help of donors, he keeps distributing clothes and food among needy.

Safwan Shah Bahrain: A well-known Beary singer, he has sung several songs in past one decade. He has been organizing various Beary programmes in Bahrain for past eight years. He had undertaken the adventure of jumping from the air from a height of 13,000 feet with the Indian flag in hand. 

Abdul Razack Ananantady: A PU college lecturer by profession, he has conducted over 500 pre-exam training camps and functioned as a resource person in leadership and personality development training. He has been conducting training and lectures for students and their parents on learning nutrition, and life values. His addresses on education and cultural aspects have been aired by Akashvani.

Abdul Rahiman Kuthethur: He was the co-editor or Beary Kannada - English dictionary and editor of the first-ever Beary grammar book released in 2019. He also is a member of the experts' committee on the Beary language textbook. He has translated Panchatantra stories, Sarvajna Vachanas etc into Beary language and published collection of poems.

Ismail Tannirbavi: He is known as a Beary theatre personality, who started acting at the age of 17. He has acted in over 300 plays including Beary, Tulu and Kannada. He has been in the theatre since the last 55 year and his plays have been presented in countries like Muscat and Kuwait. 
 
Ahmed Bawa Moidin: A social worker and member of the Beary Study chair. He also is the life member of Beary Sahitya Parishad and member of Human Ethical Committee of Mangalore University. He was the founder vice president of Mangalore Merchant Associate and member of divisional railway users consultative/committee. He has donated blood 53 times. 

 T S Hussain: Hussain is a veteran Beary writer who has defied blindness. He faced many difficulties and challenges in life and also met with an accident in 2008. Because of this accident, his eyesight had become very weak. He continued with the creation of works with determination in spite of failing eyesight with help from friends. He has authored two works and was appreciated for their content. Thereafter, he authored two more works. In 2018, he wrote another work.
 
Abdul Majeed Suralpady: A social worker and activist, he has served in various organizations. He served as the president of Suralpady government higher primary school for 21 years. He also served as the president of the educational committee of South Karnataka Sunni Centre's Al Ihsan English Medium School and got government recognition for the school. He set up PU college for girls and laid two-way road at Kaikamba besides bus shelter, toilet, drinking water system and building for police check post.
 
Apatbandhava Asif Karnad: He has been serving as an ambulance driver for the last ten years. He readily carries dead bodies and performs funeral. and done so for over a thousand bodies so far. Whenever he comes across mentally unsound people on the road, he gives them a wash and admits them to Ashrams. He has also been maintaining Maimoon Foundation Apatbhandhava Sycho Rehabilitation Centre.
 
Alikunhi Pare: He is the founder president of 'Melthene', a forum of Beary writers and artists. He has also served social, literary, organizational and religious sectors. He has been identified with several organizations including Mangaluru taluk Yuvajana Okkota and Dakshina Kannada and Udupi Muslim Central Committee.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 26,2020

Dubai, Apr 26: Families were shattered as the three dead bodies of UAE-based Indian expats were returned to the country from New Delhi, India.

Family members waited outside the Indira Gandhi International Airport for hours, but they were later told to go back home as the remains of expats Jagsir Singh, Sanjeev Kumar and Kamlesh Bhatt were flown back to Abu Dhabi, following a new order implemented by India's Ministry of Home Affairs.

Inderjeet, brother-in-law of Sanjeev based in Al Ain, said their family in Punjab was devastated.

"This is a non-coronavirus death. We had a death certificate as proof and all necessary documents from Indian Embassy. But the body was returned while our family members waited outside the airport. This is very shocking," Inderjeet said.

"The body shouldn't have been returned. It's difficult to travel across states due to Covid-19 restrictions and also to arrange the ambulance," he added.

"Now the embassy has told me to come on Sunday. They said hopefully things will be sorted out in a day or two."

Meanwhile, the family of Kamlesh resides in the Indian state of Uttarakhand. This means, with existing travel restrictions, they had to secure permits from different states to reach New Delhi.

Dubai-based social worker Girish Pant, who is in touch with the family, said they are all depressed with the unfortunate turn of events.

"His brother Vimlesh had to return home without the remains. They are all clueless and in pain. With the new order from the Ministry of Home Affairs, I have informed the family that the body will reach them within 48 hours. I am also coordinating with the Indian Embassy," Pant said.

Comments

Ahmed A.K.
 - 
Monday, 27 Apr 2020

Now support BJP

 

Indian origins dont have place to cremate in their own land while our HM is planning to give nationality to minorities of other countries.

 

what a joke man!!!

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.