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 10,2020

Bengaluru, Jan 10: Karnataka Chief Minister BS Yediyurappa on Friday launched 'Sapthapadi', a mass marriage program in Bengaluru.

The state authorities will provide a mangalsutra worth Rs 40,000 and Rs 5,000 to the groom. They will also give Rs 10,000 to the bride after marriage.

The state government has also informed that the department has shortlisted some temples where the mass marriages will be held.

Yediyurappa also confirmed that the government will help communities like Muslim and Christians also to organise mass marriage as per their respective rituals.

According to the state government guidelines, issued last year in November, both parents of the couple should attend the ceremony if the duo wants to avail benefits of this offer but those who want to marry without their parent's permission do not stand a chance here.

Also, those wanting a love marriage will not be able to reap the benefits of the scheme. The plan is to conduct about 1,000 marriages in 90-100 temples.

The couples wanting to tie the knot are expected to register themselves 30 days before the scheduled date in the temple. Following which a list will be prepared.

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News Network
February 22,2020

Bengaluru, Feb 22: Thanks to joint efforts by the Protector of Emigrants in Bengaluru and Indian Embassy in Qatar, a 26-year-old woman from Karnataka who had been kept in confinement in Qatar has been rescued and brought back to India.

Anupama (name changed) from Holenarasipura in Hassan district arrived in Bengaluru on Thursday night. She was allegedly locked up in a house for 14 days, restrained from using a mobile and wasn't fed. There were three other women with her. On the midnight of February 12, they broke the window panes and fled before contacting local police.

Anupama, a diploma graduate in computer science, was jobless and her friend working in Kuwait suggested she try for a job abroad. She contacted an agency based in Chikkamagaluru which offered her a nanny's job in Qatar. After document verification, the agency demanded she pay Rs 2 lakh but she said she didn't have that kind of money.

The agency sent Anupama on a visitor visa but told her if questioned by immigration officials, she must claim she was visiting her sister. They also gave her a return ticket.

As Anupama was travelling abroad for the first time, she said she was ignorant about several things.

On January 12, Anupama left Bengaluru. But as she reached Qatar, all her documents, including passport, were confiscated by the agency. Her return ticket was cancelled and she was sent to a house to work as babysitter-cum-cook for Rs 30,000. She lived with four other maids in the same house, where they were made to work for 16-18 hours a day.

"I used to wake up around 5.30am every day and had to prepare breakfast for the employers by 6.30am. My work would end around 11pm every day. We never even got time to eat," Anupama told media on Friday. Four days into work, Anupama's nose started bleeding. However, the employers cared little and insisted she continue to work. After 18 days, she requested her employers that she be relieved.

The agency sent her to a house where three women were already present and locked her up with them. "They used to give us a glass of raw rice, an onion, tomato and potato to cook for ourselves. While we got rice every day, we had to use the vegetables for three days. We were not supposed to use mobiles or go out. Two people were monitoring us," she recalled.

Anupama and the others decided to approach police but for that they needed to escape. Around 1.30am on February 12, the four women managed to break window panes and jumped out. They ran for more than a kilometre and managed to approach police, who summoned the agency and got the women to speak to their families.

Anupama called her brother-in-law, who approached the Protector of Emigrants office in Koramangala, Bengaluru. Shubham Singh, PoE in Bengaluru, said they took up the issue with the Indian Embassy in Qatar, which immediately got in touch with Qatar police. Anupama said, "We were kept in prison for a couple of days and were sent to the deportation centre later."

Meanwhile, the Indian embassy got the agency to return the women's documents. However, the agents did not pay their salaries. Two of the women were sent to Hyderabad and the third to Kerala. On Friday, Anupama met Singh at his office, where her statement was recorded. "We have started the process of initiating action against the agency in India," he said.

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News Network
June 25,2020

Mangaluru, Jun 25: Teacher-turned-serial rapist-cum-killer Cyanide Mohan Kumar was sentenced to life imprisonment in the 20th and final case by Sixth Additional District and Sessions Judge Sayeedunnisa on Wednesday.

Cyanide Mohan Kumar (57) was declared guilty in the 20th rape and murder case on Saturday and the judge had pronounced the order before a small group of advocates in the court hall. Cyanide Mohan who appeared in the court hall via video conferencing facility from Hindalga central jail in Belagavi did not show any emotions.

The 25-year-old victim from Kasaragod was working as a cook in a hostel and met Mohan, serving as a teacher in 2009. He had met her at her home on many occasions and had promised to marry her.

On July 8, 2009, she left home on the pretext of visiting a temple in Sullia and

did not return. When her family tried to reach her on phone, Cyanide Mohan had told they were married and would return home soon.

Mohan took her to a toilet in a bus stand in Bengaluru on July 15, 2009, and had left with her jewels after ascertaining that she had died by consuming Cyanide. No sooner Mohan was arrested in October 2009, the family of the victim had recognised him from the newspapers. The police also recovered the victim’s jewellery from the house of Mohan’s second wife.

Sixth Additional District and Session Court convicted Mohan under sections of IPC 302 for murder with life sentence and Rs 25,000 fine, IPC 366 for kidnapping with ten years of rigorous imprisonment and Rs 5000 fine, IPC 376 for rape with seven years of rigorous imprisonment and Rs 5000 fine, IPC 328 for poisoning with ten years of imprisonment, IPC 394 for causing hurt while robbing with 10 years of imprisonment and Rs 5000 fine, IPC 392 for theft with five years of imprisonment, IPC 201 for destroying evidence with seven years of rigorous imprisonment and Rs 5000 fine, IPC 417 cheating and one year of imprisonment.

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