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
January 25,2020

Bengaluru, Jan 25: The Karnataka government would hold a Global Investors' Meet (GIM 2020) in Bengaluru from November 3-5 to showcase the southern state's ecosystem for attracting investments from the world over, an official said on Friday.

"Our Chief Minister B.S. Yediyurappa held the first road show on the GIM at the 50th World Economic Forum (WEF) annual meeting, being held at Davos in Switzerland and invited global firms to participate in the 3-day event for investment opportunities," additional secretary P. Ravikumar told IANS.

At a curtain-raiser on "Invest Karnataka 2020" on Thursday, the BJP Chief Minister said the theme of the GIM would be "Innovate Now. Growth Forever" as the state had one of the best natural and human resources for investing in manufacturing, services and agriculture sectors and creating jobs.

"About 100 entrepreneurs, businessmen and heads of global firms participated in the roadshow to assess the state's industrial policies, incentives, infrastructure, tax system and its ease of doing business for investment potential," Ravikumar said.

Among the participants at the event were Swiss-India parliamentary group president Niklaus-Samuel Gugger, Uber Chief Executive Dara Khosrowshahi, General Electric (GE) executive William Cowan and heads of Gemini Corporation, Coca Cola, SAP Labs, Swiss Re and Mitsubishi Heavy Industries.

"Khosrowshahi discussed Uber's expansion plans in Bengaluru and assured the Chief Minister of investing more in the state. Cowen expressed interest in the development of healthcare, renewable energy and power distribution across the state through partnership with the state government," the official noted.

The US-based transnational firm (GE) has a large presence in Bengaluru with one its largest engineering and technology centres and two production plants.

"A Coca Cola executive told Yediyurappa that the soft beverage firm would initially invest $25 million in its plants in the state and enhance it to $200 million to benefit farmers and rural people with access to clean drinking water in their villages," Ravikumar said.

The Chief Minister also sought to know the investment or expansion plans of global firms present in the state, especially Bengaluru and assured their heads of the state support in creating hundreds of jobs and wealth.

About 100 members of the Indian delegation to the WEF, led by Union Commerce and Industries Minister Piyush Goyal, Confederation of Indian Industry (CII) director-general Chandrajit Bannerjee, Bharat Forge chairman Baba Kalyani, Kirloskar Systems Managing Director Vikram Kirloskar, also participated in the state's GIM roadshow.

State Industries Minister Jagdish Shettar, chief secretary T. M. Vijaya Bhaskar, additional chief secretary E.V. Ramana Reddy and industrial department principal secretary Gurav Gupta also attended the state event.

"Emiriti Lulu Group chairman M.A. Yusuf Ali discussed plans to invest $300 million (Rs 2,160 crore) in logistics, hospitality and health/wellness sectors across the state with Yediyurappa," said Ravikumar.

Ali, an NRI (non-resident Indian) migrated to the United Arab Emirates (UAE) from Kerala two decades ago and founded the Lulu Group at Abu Dhabi to operate a chain of hypermarkets and retail firms since 2000.

"The Chief Minister assured Ali of speedy approvals and incentives for investing in the state, with ease of doing business," the official said in an e-mail to IANS from the Swiss town.

Asserting that his proactive government would work overtime to facilitate global investments in the southern state, Yediyurappa said he was committed to create more jobs across sectors.

Dassault Systems executive Florene Verzelen told the chief minister about her company's plans to set up centres of excellence in smart manufacturing and smart cities in the southern state.

"The centres will train and equip the youth with skilled jobs in large corporations the world over," Ravikumar reiterated.

Yediyurappa apprised US aerospace behemoth Lockheed Martin executive Richard Ambrose of the ecosystem for aerospace and defence industry in the state, especially Bengaluru.

"I will soon visit Bengaluru to explore the possibilities of investing more in Karnataka and taking up research and development work," said Ambrose on the occasion.

A delegation from global automotive component maker Denso also called on the chief minister and interacted with the state delegation.

The Japanese firm has an excellence and research centre in New Delhi and a manufacturing unit at Nelamangala on the outskirts of Bengaluru.

Denso executive Hiroyuki Wakabasyi said he would visit Bengaluru soon to explore further investments in the state.

"Arcelor Mittal chairman Laxmi Mittal also met the chief minister and discussed his company's investment plans in the state," the official added.

Mittal backed out of setting up a steel plant in the state's northern region over a decade ago due to delays in acquiring land and mandatory approvals.

Drug maker Novo Nordisk chief executive Lars Fruergaard expressed readiness to work with the state government in taking up educative and awareness programmes for diabetic patients.

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News Network
March 29,2020

Mangaluru, Mar 29: Dakshina Kannada Co-operative Milk Producers’ Union Limited in a statement announced that their milk collection centres across Dakshina Kannada and Udupi districts will be closed on March 29 and 30.

Due to a shortage of storage space with them, the Union has decided to stop collecting milk on these two days, according to the statement issued here on Saturday.

The sale/retail of milk and milk products won’t be affected in these two days.

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News Network
March 3,2020

Mar 3: Just hours after the ending of a week-long “reduction” in violence that was crucial for Donald Trump’s peace deal in Afghanistan, the Taliban struck again: On Monday, they killed three people and injured about a dozen at a football match in Khost province. This resumption of violence will not surprise anyone actually invested in peace for that troubled country. The point of the U.S.-Taliban deal was never peace. It was to try and cover up an ignominious exit for the U.S., driven by an election-bound president who feels no responsibility toward that country or to the broader region.

Seen from South Asia, every point we know about in the agreement is a concession by Trump to the Taliban. Most importantly, it completes a long-term effort by the U.S. to delegitimize the elected government in Kabul — and, by extension, Afghanistan’s constitution. Afghanistan’s president is already balking at releasing 5,000 Taliban prisoners before intra-Afghan talks can begin — a provision that his government did not approve.

One particularly cringe-worthy aspect: The agreement refers to the Taliban throughout  as “the Islamic Emirate of Afghanistan that is not recognized by the United States as a state and is known as the Taliban.” This unwieldy nomenclature validates the Taliban’s claim to be a government equivalent to the one in Kabul, just not the one recognised at the moment by the U.S. When read together with the second part of the agreement, which binds the U.S. to not “intervene in [Afghanistan’s] domestic affairs,” the point is obvious: The Taliban is not interested in peace, but in ensuring that support for its rivals is forbidden, and its path to Kabul is cleared.

All that the U.S. has effectively gotten in return is the Taliban’s assurance that it will not allow the soil of Afghanistan to be used against the “U.S. and its allies.” True, the U.S. under Trump has shown a disturbing willingness to trust solemn assurances from autocrats; but its apparent belief in promises made by a murderous theocratic movement is even more ridiculous. Especially as the Taliban made much the same promise to an Assistant Secretary of State about Osama bin Laden while he was in the country plotting 9/11.

Nobody in the region is pleased with this agreement except for the Taliban and their backers in the Pakistani military. India has consistently held that the legitimate government in Kabul must be the basic anchor of any peace plan. Ordinary Afghans, unsurprisingly, long for peace — but they are, by all accounts, deeply skeptical about how this deal will get them there. The brave activists of the Afghan Women’s Network are worried that intra-Afghan talks will take place without adequate representation of the country’s women — who have, after all, the most to lose from a return to Taliban rule.

But the Pakistani military establishment is not hiding its glee. One retired general tweeted: “Big victory for Afghan Taliban as historic accord signed… Forced Americans to negotiate an accord from the position of parity. Setback for India.” Pakistan’s army, the Taliban’s biggest backer, longs to re-install a friendly Islamist regime in Kabul — and it has correctly estimated that, after being abandoned by Trump, the Afghan government will have sharply reduced bargaining power in any intra-Afghan peace talks. A deal with the Taliban that fails also to include its backers in the Pakistani military is meaningless.

India, meanwhile, will not see this deal as a positive for regional peace or its relationship with the U.S. It comes barely a week after Trump’s India visit, which made it painfully clear that shared strategic concerns are the only thing keeping the countries together. New Delhi remembers that India is not, on paper, a U.S. “ally.” In that respect, an intensification of terrorism targeting India, as happened the last time the U.S. withdrew from the region, would not even be a violation of Trump’s agreement. One possible outcome: Over time the government in New Delhi, which has resolutely sought to keep its ties with Kabul primarily political, may have to step up security cooperation. Nobody knows where that would lead.

The irresponsible concessions made by the U.S. in this agreement will likely disrupt South Asia for years to come, and endanger its own relationship with India going forward. But worst of all, this deal abandons those in Afghanistan who, under the shadow of war, tried to develop, for the first time, institutions that work for all Afghans. No amount of sanctimony about “ending America’s longest war” should obscure the danger and immorality of this sort of exit.

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