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
March 27,2020

Bengaluru, Mar 27: Oncologist Dr. Vishal Rao, HCG Hospital Bengaluru on Friday said that human body cells release interferon chemical to kill viruses but it cannot be released by cells in the case of COVID-19 cases, leading to weak immune system. However, a therapy of specific concoction could be useful in treating COVID-19 patients.

"We got hold of some preprint suggesting that interferon is effective in COVID19," said Rao.

Speaking to news agency, he continued saying "When we withdraw blood for regular check-ups, we get buffy coat which can be used to take out cells and form interferon. These two chemicals and some other cytokines, in a specific concoction, could be potentially very useful in treating COVID-19 patients."

Rao said that they have built a concoction of cytokines which can be injected to reactivate immune system in COVID-19 patients.

"We are in a very initial stage and hope to be ready with its first set by this weekend. We have applied to the governement for an expedited review. We have also presented this before the state government" said Rao.

"We have a team of infection specialist, ICU team and other...all of us have worked together to build something that we believe. We want to serve the society at this hour of need," he added.

Dr Rao clarified that this is not a vaccine and this particular interferon therapy does not help to prevent the infection of COVID-19. However, this is focused and targeted towards COVID-19 positive patients or those who have just incubated the virus.

"We believe that in early stages as well as the patients who have just incubated, this particular therapy of interferon gama and other concoction of cytokines could be an effective method. In the late stages we are looking at specific dosage of the cells which are our own body cells which can actually be affective and could also be of use for the ventilator patients," he added.

Meanwhile, Dr Gururaj, Immunologist and Scientist told ANI that they are trying to cover two aspects, one is the early stage patients where they are trying to improve their immune systems.

"As Dr Vishal said, we are trying to see whether we can use the cytokines from our own immune cells which is a natural process but it is hampered in infected patients," said Dr Gururaj.

"In the last phase we are using cells which are used from the bone marrow of the patient or donors. We can use those cells to reduce the inflation and so called cytokines release syndrome which is basically the inflammatory response of the body," he added.

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
July 17,2020

Mangaluru, Jul 17: An expert team from Bengaluru has arrived here on Friday to study the factors that have led to the sudden spurt in death due to Covid-19 in Dakshina Kannada district of Karnataka in the recent past.

The team has arrived following a request made by the district administration. The team comprising three experts has already held talks with specialist Doctors, according to official sources.

It will examine the reports on the treatment provided to the patients who have succumbed to the infection and will submit a report citing reasons for the increase in deaths, the sources added.

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
January 19,2020

Mangaluru, Jan 19: ‘Ride For Rotary’ convoy of motor vehicles was flagged off from Hotel Ocean Pearl Inn at Bejai-Kapikad, Mangaluru on Sunday, 19th January, 2020 at 9.00 a.m. Rotary district governor Joseph Mathew flagged off the event along with Assistant Governors Sumith S. Rao, Geethanand Pai and Ritesh Baliga. The riders headed for Puttur after topping up their fuel tanks at Lady Hill Petrol Pump.

2019-20 Ride For Rotary includes 28 motorbikes and 5 cars. 38 Rotarians from 14 countries are participating, in this, the fourth edition of the event. They will traverse through Madikeri, Mysore, Wayanad, Ooty, Coimbatore, Munnar, Thekkady and Allepey before terminating at Kochi on 29th of January, 2020. The participating nationalities are India, Norway, Sweden, Canada, France, Germany, USA, UK, Switzerland, Austria, Denmark, Poland and Belgium. They belong to ages 21 to 78, with 78-year old Otto Rieve from Canada being the senior most enthusiast. Swiss national of Indian origin Raj Patholi and Mangalorean Abraham Zacharias are among the riders. 

Mangalore was chosen as the starting point for the convoy route this year which will cover Kerala, Karnataka and Tamil Nadu. On the eve of the event, the organizers hosted a gala dinner for the riders at Citi Beech, Bolar. The riders were given a glimpse of the traditional dance forms and were treated to some wonderful songs in Tulu and Kannada along with local coastal cuisine.

They were also given a glimpse of the major service projects undertaken in our district by Rotary, such as the Rotary Blood Bank on Wheels, the Physiotherapy Clinic at Wenlock Hospital, the Schools adopted by Rotary and the Ashrams and Villages that are being served by Rotary. The idea behind this is to see that riders carry these memories and think of helping Rotarians in India through their matching contributions for future service projects.

‘Ride For Rotary’

Ride for Rotary is a charity event conceived by Rotary District 3181 which comprises of the revenue districts of Mysore, Kodagu, Dakshina Kannada and Chamarajanagar covering 85 Rotary Clubs in 9 zones. Rotarians from across the world will come together for twelve exhilarating days. They will traverse through the meticulously arranged routes, enjoy the natural beauty of the places and experience the varied cultures and cuisines of the region. Ride for Rotary connects people and places like no other - Rotary Connects the World.

The proceeds from the event go to The Rotary Foundation, a charitable organisation that works tirelessly for the upliftment of the society.

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.