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 7,2020

Bengaluru, May 7: Karnataka has revised its standard operating procedure (SOP) for international passengers. The first group of passengers will arrive in the state on May 8.

The number of categories has been reduced to two from three. Category A includes passengers symptomatic on arrival while Category B passengers are those asymptomatic on arrival. These are passengers who are either healthy or those having co-morbidities.

As per the revised SOP, the passenger will be released on the seventh day, if tested negative, to strict home quarantine for another seven days with stamping.

This norm is in contradiction to the Ministry of Home Affairs’ SOP for international passengers. As per the MHA’s SOP, the passengers (asymptomatic) will be under institutional quarantine for 14 days. Testing negative after 14 days, they will be allowed to go home and will undertake self-monitoring of their health for 14 more days.

On the contradiction, Pandey said, "We don't take chances as we rely on tests instead of just quarantining. Other states may be depending on just 14-day institutional quarantine."

"GOI SOP doesn't talk about Covid tests on international passengers. We have put an additional safety layer of three Covid tests on returnees -- one on arrival, second from 5-7 days and last on 12th day. This will ensure definite identification of positive cases even if they are asymptomatic and their subsequent treatment. We should look at the spirit behind the order," he added.

On the 14-day additional reporting period for category B, he said, "It is implied as category B patients should report to us for 14 days after their first 14-day quarantine period is over."

Medical Education Minister Dr K Sudhakar said that the State would follow the Centre’s norms.

Till Tuesday, Karnataka’s SOP had three categories. Under Category A (symptomatic), 14-day institutional quarantine at COVID-19 Health Care Centre was mandatory followed by 14-day reporting period. Under Category B (asymptomatic above 60 years with co-morbidities), seven-day institutional quarantine at hotel/hostel followed by seven-day home quarantine and 14-day reporting period had been recommended. The 14-day home quarantine and 14-day reporting period was mandatory for Category C (asymptomatic).

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Agencies
March 8,2020

Panic gripped big tech firms like Facebook and Twitter which decided to close their offices from Seattle to London as more employees tested positive for the new coronavirus.

Facebook shut its three London offices till Monday after an employee was diagnosed with COVID-19.

The social networking giant told nearly 3,000 employees in London to work from home after an employee, who is based in Singapore but visited the London offices between February 24-26, was diagnosed with the new coronavirus, Sky News reported on Friday.

"An employee based in our Singapore office who has been diagnosed with COVID-19 visited our London offices on February 24-26.

"We are therefore closing our London offices until Monday for deep cleaning and employees are working from home until then," the company said in a statement.

There have been 163 cases of coronavirus so far in the UK.

Earlier, Facebook recommended all its Bay Area employees in the US to work from home. The latest precautions come after San Francisco announced its first two coronavirus cases on Thursday.

Facebook has also shut its Seattle office until Monday after one of its contractors was confirmed to be infected with the virus. The infected contractor last visited the Facebook office on February 21. King County health officials said all Facebook sites should work from home until March 31.

Twitter shut its Seattle office for a 'deep clean' after an employee developed COVID-19 like symptoms though final result was still awaited.

"A Seattle-based employee has been advised by doctor about likely COVID-19, though still awaiting the final testing," Twitter said in a tweet on Friday.

"While the employee has not been at a Twitter office for several weeks and hasn't been in contact w/others, we're closing our Seattle office to deep clean," the company added.

According to The Seattle Times, at least 14 people have died due to COVID-19 in Washington State till date.

Amazon, Microsoft, Google and Facebook have advised their employees in Washington State to work from home.

Apple has reportedly suggested its employees at California campuses to work from home as an "extra precaution" while new coronavirus cases spread on the west coast in the US, especially Seattle area.

Apple's flagship developers' conference WWDC 2020 in June is also at the risk of getting cancelled as the Santa Clara public health department has warned against large public gatherings. The event draws nearly 5,000 developers from across the world.

The US death toll from the new coronavirus has climbed to 14, according to Johns Hopkins' tracker, with 329 cases reported across the country.

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News Network
February 6,2020

New Delhi, Feb 6: BJP MP Tejaswi Surya said on Wednesday that the majority community has to remain vigilant or Mughal rule will return to the country, as he slammed the anti-CAA protest at Shaheen Bagh.

He was participating in the debate on Motion of Thanks on the President's Address in Lok Sabha.

Referring to the ongoing protest at Shaheen Bagh against the Citizenship Amendment Act, he said, "Unless majority community remains vigilant, the days of Mughal Raj may not be far away."

Surya also praised Prime Minister Narendra Modi for resolving several critical issues which had been pending for several decades.

The CAA, he said, was aimed at resolving the issues emanating from Partition and added, "The new India cannot to built without healing the wounds of the past."

He said that the CAA was about giving citizenship to persecuted minorities in Pakistan, Bangaladesh and Afghanistan and not for taking away anyone's citizenship.

Under the leadership of Modi, Surya said, several issues of the past have seen closure. These include abrogation of Article 370, construction of Ram temple, Bodo problems and abolition of Triple Talaq.

K Sudhakaran (Cong) said that a time when the economy was going through its worst phase and unemployment was high, the President in his speech talked about making India a USD 5 trillion economy by 2024.

On the comments of the government functionaries that fundamentals of the economy are strong, he said the same expression was used by the then US President George Bush, days before the collapse of the America's iconic investment banker Lehman Brothers.

Not only that, Sudhakaran said even before the Great Depression, the then US President used to say that fundamentals of their economy were strong.

Anupriya Patel (Apna Dal) demanded that the government set up All India Judicial Services Commission to ensure representation of the backward community in the judiciary.

Khagen Murmu (BJP) regretted that West Bengal government was not implementing the welfare schemes of the Centre in the state.

Badruddin Ajmal (AIUDF) said that people of all communities have fought for freedom of the country and it would be incorrect to declare everyone opposing the government's policies as 'gaddar' (traitor).

He said that the government should talk to people protesting against the CAA at Shaheen Bagh and other places, and explain the provisions to them.

Shrirang Appa Barne (Shiv Sena) demanded that the ruling party fulfil all promises it had made to the people of the country.

He regretted that although the government promised to double the income of farmers by 2022, farmers were still committing suicide.

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