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
April 2,2020

Kasaragod, Apr 2: Kerala reported 21 new cases of coronavirus with eight from the worst affected Kasaragod district, taking the tally of active patients to 256, Chief Minister Pinarayi Vijayan said on Thursday.

Besides, Kasaragod, five positive cases have been detected from Idukki, two from Kollam and one each from Thiruvananthapuram, Pathnamthitta, Thrissur, Malappuram, Kozhikode and Kannur, he told reporters here.

At least 1.65 lakh people are under survillence in the state, 643 in various hospitals.

Presently, 256 people are under treatment for the virus in the state where two fatalities have occurred, Vijayan said.

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News Network
April 29,2020

Newsroom, Apr 29: Abdul Rahman Al Sudais, the imam of the Grand Mosque in Makkah has hinted that Muslims will be allowed to perform prayers again at the holiest mosque after a few days. 

Al Sudais, who is also the president of the General Presidency for the Affairs of the Two Holy Mosques, predicted this while answering a question from a reporter about the possibility of having worshippers gather again at the mosque.

He said that soon people will be allowed to return to the mosque for prayers and for circumambulation around the holy Kaaba.

The authorities care about people more than anything else, he said. "All Muslims should pray to Allah to help us through this pandemic. People must be careful and take necessary precautions to protect themselves and others," he added.

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News Network
June 9,2020

Thiruvananthapuram, Jun 9: Malls, restaurants and places of worship opened in Kerala on Tuesday morning after over two-and half months of Coronavirus induced lockdown. There were very few visitors in the malls and restaurants in the early hours and people preferred takeaways in eateries.

Various temples, including the famous Lord Krishna temple at Guruvayoor, a few churches and mosques opened in the state for the devotees. The Guruvayur shrine opened at 9.30 am and around 150 people, who had booked through virtual queue system, offered prayers.

Devotees wearing masks were seen standing adhering to the social distance norm. A faithful at the guruvayur temple said he had booked for darshan on Sunday and was happy to be offering worship after a long gap. "This is a realisation of a dream", he said.

In the state capital while the famed Lord Padmanabha swamy, Pazhavanangadi Ganapathy and Attukal Bhagavathy temples remained shut, the SreekanteshwaraShiva shrine and Lord Hanuman temple near the state assembly were among those which opened for darshan. The names, age and other details of the worshippers are also being collected by the temple authorities before letting people in. Another devotee said it was very painful not to go to the temple and expressed happiness over reopening of the shrines.

The virtual queue booking for devotees to offer worship at the hill shrine of Lord Ayyappa temple at Sabarimala would commence from Wednesday. Devotees from other states have to produce a Covid-19 negative certificate while booking,sources in the Travancore Devaswom Board (TDB), administers the temple, said.

The Ayyappa shrine would open from June 14 to 28 for the five day monthly pooja and temple festival and only 10 people would be allowed inside the shrine at a time, sources said.

Most of the over 1,200 temples under the TDB, have opened while those under the Nair Service Society (NSS), an organisation of the Nair community and few other shrines were shut. The state government, which had come under attack from the BJP and Hindu Aikya vedi for opening the temples in a "hasty manner" has maintained that the decision was taken in line with the Centre's Unlock-1 guidelines and said those opposing the move had earlier wanted devotees to be allowed into the shrines.

As per the centre's Standard Operating Procedures, social distancing should be followed in all the places of worship and devotees should wear face mask are among other precautions in view of the COVID-19 pandemic.

Those above 65 and children below 10 years would not be allowed in places of worship, distribution of food, refreshments and offertory blessings (prasadams), sandalwood paste or ashes should be avoided. Thermal scanners to check body temperatures, sanitiisers, arrangements for washing hands, were all provided in the temples and other places of worship which opened this morning, In churches in the state capital, Kochi and Kozhikode, allowedthe faithful inside after disinfecting the place.

The orthodox church synod is being held on Tuesday which will take a decision on whether or not to open their places of worship. Few mosques were also open in some places.

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