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 29,2020

Bengaluru, Mar 29: The State government launched a mobile application for people to track the movement history of patients, who tested positive, before their detection so that they can take precautions. The app will give the date and time of visit to spots by the patients.

The mobile app “Corona Watch” can be downloaded from Google Playstore https://play.google.com/store/apps/details?id=com.ksrsac.drawshapefile

“The app also has a list of government designated first response hospitals for COVID-19 where citizen with symptoms can go. However, before going to a COVID hospital, people should call helplines — 104, 080-46848600 or 080-66692000,” said a message by Munish Moudgil, secretary, Administrative Reforms, who is also in-charge of the State COVID war room.

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.
Agencies
January 16,2020

Kochi, Jan 16: Kicking up a debate, an influential Catholic Church in Kerala has said "Love Jihad is a reality" and alleged that scores of women from Christian community from the southern state were being lured into the trap of Islamic State and used in terror activities.

The synod of Syro-Malabar Church, an apex body of Catholic Bishops chaired by Cardinal George Alencherry, also accused the state police of not viewing the matter cautiously and taking timely action in 'Love Jihad' cases.

Denying the charges, the Popular Front of India (PFI) questioned the "timing" of the statement and urged the Church to withdraw it immediately "as it would only help create division amid growing unity among various sections of society against Hindutva Fascism."

The Viswa Hindu Parishad (VHP) welcomed the Church statement and called for a united fight against 'Love Jihad' in Kerala Society.

An official of the Kerala State Women's Commission refused to comment, considering the sensitivity involved in the matter.

There was no immediate reaction from the police and government as well.

"There are circumstances in which Christian girls are killed in the name of Love Jihad in Kerala," the Synod has alleged in a statement issued through Syro-Malabar Media Commission here on Tuesday night, referring to the attacks against Christians across the world.

The Synod has termed as "shocking" the killing of Christians in Nigeria on Christmas day.

It is a matter of concern that Love Jihad is gaining grounds in Kerala putting in danger its social peace and communal harmony, the Synod said.

"It is a reality that 'Love Jihad' is happening in Kerala in a planned manner targeting Christian girls," it said.

The Synod, referring to a police record, said out of 21 people who were recruited into Islamic State terror outfit, half of them were converted from Christian faith and it should be an eye opener for the community.

Noting that unofficial accounts say many girls were being used in terror activities through Love Jihad, the Synod said it was a serious matter and such accounts state that Love Jihad is not only "in the imagination".

The Synod, however, said it was not assessing the 'Love Jihad' as an issue affecting the friendship between religions and urged the government to treat it as one related to law and order and not as a religious matter.

The Church demanded speedy action against the culprits involved in the 'Love Jihad.'

It also called for efforts to sensitise parents and children about the dangers of Love Jihad.

The PFI, often being accused of playing key roles in alleged 'Love Jihad' cases in Kerala, claimed that the state police, after conducting a thorough probe, had earlier submitted a report in the Kerala High Court, stating that there was no cases of 'Love Jihad' in the state.

"The Church is raising such a baseless allegation at a time when the minorities including Muslims and Christians and the people of Hindu community are in a joint fight against the Fascist government at the Centre.

Their untimely statement would only help divert the people's attention from the key issues that society is facing at present", PFI State President Naziruddin Elamaram told PTI.

Urging the Bishops to immediately withdraw the statement, he said, "I don't know what is their interest in making such a statement at this juncture."

Not a single Muslim community is holding 'Love Jihad' to increase the number of Muslims here, Elamaram claimed.

He, however, said there were instance of inter-religious marriages in Kerala in which Muslim girls marrying Hindu and Christian boys and Hindu and Christian girls selecting partners from the religions of their choice.

Such marriages cannot be termed as 'Love Jihad', he said.

Asked about the Bishops' allegations that Christian girls are targeted and recruited to Islamic State terror outift, the PFI leader said not a single Muslim organisation in India have recognised the Islamic State and such recruitments should not be seen as part of a 'jihad' as doubts prevail in minds on who created the IS.

Former president of the VHP, SJR Kumar claimed that 'Love Jihad' exists in Kerala society.

He alleged that there were centres in Kerala to "convert Hindu and Christian girls who are being lured into the trap of love by youths with criminal backgrounds".

"We have brought this issue into the attention of the Kerala society much earlier. But nobody listened to us.

Now, we are happy that the Bishops have realised the threat of Love Jihad. It is the time of a joint fight against this menace," Kumar told PTI.

He also alleged that Muslim men trap Hindu and Christian women into marriage and forcing them to convert to Islam.

"The converted Hindu and Christian girls are being used in drug trafficking and terrorism," Kumar said.

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
January 8,2020

Dubai, Jan 8: A Ukrainian airliner crashed soon after taking off from Tehran's Imam Khomeini airport on Wednesday, killing all 176 people aboard, Iran's state television and Ukraine's leaders said.

The Boeing 737 belonging to Ukraine International Airlines crashed near the airport and burst into flames. Ukraine's embassy in Iran, citing preliminary information, said the plane had suffered engine failure and the crash was not caused by "terrorism".

Ukraine President Volodymyr Zelenskiy said there were no survivors.

"My sincere condolences to the relatives and friends of all passengers and crew," Zelenskiy said in a statement, adding that Ukraine was seeking to establish the circumstances of the crash and the death toll.

Iranian TV said the crash was due to technical problems but did not elaborate. State broadcaster IRIB said on its website that one of the plane's two black boxes - the flight data recorder and the cockpit voice recorder - had been found.

Iranian media quoted an Iranian aviation official as saying the pilot of the airliner did not declare an emergency.

There was no official word from Ukraine International Airlines. It was the Kiev-based airline's first fatal crash.

"The fire is so heavy that we cannot (do) any rescue... we have 22 ambulances, four bus ambulances and a helicopter at the site," Pirhossein Koulivand, head of Iran's emergency services, told Iranian state television.

Ukraine's prime minister and Iranian state TV said 167 passengers and 9 crew were on board. Iranian TV said 32 of those on board were foreigners.

Television footage showed debris and smouldering engine parts strewn across a field, and rescue workers with face masks retrieving bodies of the victims.

According to air tracking service FlightRadar24, the plane that crashed was Flight PS 752 and was flying to Kiev. The plane was three years old and was a Boeing 737-800NG, it said.

The model's twin engines are made by CFM International, a U.S.-French venture co-owned by General Electric and France's Safran.

Modern aircraft are designed and certified to cope with an engine failure shortly after take-off and to fly for extended periods on one engine. However, an uncontained engine failure releasing shrapnel can cause damage to other aircraft systems.

A spokesman for Boeing said the company was aware of media reports of a plane crash in Iran and was gathering more information. The plane manufacturer grounded its 737 MAX fleet in March after two crashes that killed 346 people.

The 737-800 is one of the world's most-flown models with a good safety record and which does not have the software feature implicated in crashes of the 737 MAX.

Under international rules overseen by the United Nations, Iran is responsible for leading the crash investigation.

Ukraine would be involved and the United States would usually be accredited as the country where the Boeing jet was designed and built. France, where the engine maker CFM has half its activities, may also be involved.

There was no immediate word on whether the U.S. National Transportation Safety Board would be involved in the probe amid escalating tensions between the U.S. and Iran. The NTSB usually invites Boeing to give technical advice in such investigations.

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.