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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Agencies
May 30,2020

Mumbai, May 30: Former Bollywood actress Zaira Wasim has deleted her Twitter and Instagram accounts after being heavily trolled for quoting from the Quran while talking about locust attacks.

"So We sent upon them the flood and locusts and lice and frogs and blood: Signs openly self explained: but they were steeped in arrogance -- a people given to sin. --Qur'an 7:133," Zaira had tweeted.

Soon, she started receiving hateful comments from netizens who interpreted her post as a justification of the locust attacks. They felt that Zaira was suggesting that the incident is God's way of expressing wrath.

Shortly after being deluged with such comments, Zaira Wasim deleted her Twitter and Instagram accounts.

However, a section of netizens continue to attack Zaira on her Facebook page, where she put up the same post.

Commenting on the post, a user wrote: "Lady you must have taken into account of those people of JK, Kerala and elsewhere who are also suffering from the virus. Moreover the crops which are damaged by locust had no name as to who will consume them. In this hours of crisis please post something which is positive and reflects your education."

Another user shared: "So according to you, with all due respect every year on the same time period, Allah send locust to India to destroy the crops of poor farmers who are not even involve in the industrial rise, who don't use vehicle to destroy the nature, and Allah send locust only to harm the poor farmers and not the rich one who actually destroy nature."

"So those farmers who lost there fields of crops and will probably go into debt and may also commit suicide, those farmers who feed the nation, who feed you and every one, are sinners?" asked yet another user.

However, there were a few on social media who felt Zaira had done nothing wrong.

"Quoting Quranic Verse is not a crime... Why is every Indian abusing @ZairaWasimmm. She didn't mention any particular nation or religion. I request everyone please stand with #ZairaWasim. She needs our support. #ISupportZairaWasim," goes a tweet.

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coastaldigest.com news network
June 11,2020

Bengaluru, June 11: Amulya Leona, a college student, who was charged with sedition for raising "Pakistan zindabad" slogans in Bengaluru, has finally been granted bail. 

The court had denied her bail yesterday, saying she might abscond. But her lawyers had been pursuing another way of getting her out of jail where she has spent nearly four months.

Ms Leona's advocate, Prasanna R, said that the delay of the state in submitting a chargesheet in the case beyond the stipulated time meant she was eligible for "default bail".

"The default bail application was moved before the magistrate under whose jurisdiction the alleged crime was committed. The chargesheet has not been submitted by the state within 90 days. So default bail has been granted. We had moved the default bail plea on May 26 and again on May 29 when the court told us the earlier mail IDs had been disabled. A physical application was filed on June 2. The state filed the chargesheet on June 3," the lawyer said.

While the state tried to argue that they were entitled to an extension in the time allotted, the court hearing this aspect of the case gave an order favourable to Ms Leona. The process is on to release her.

The arrest of Ms Leona during a rally against the Citizenship (Amendment) Act or CAA in Bengaluru had led to a debate on the use of sedition charges.

The woman on a Facebook post had also said "zindabad" to many countries including India and Pakistan. She did also try to chant "Hindustan zindabad", but was soon silenced and whisked away. She was accused of sedition, causing enmity between communities and causing deliberate mischief.

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News Network
March 7,2020

Bhopal, Mar 7: Independent MLA Surendra Singh Shera on Saturday said that he was not in any kind of captivity in Bengaluru and he will meet Chief Minister Kamal Nath soon.

"I was in Bengaluru for my daughter's medical treatment. I was not in any kind of captivity. I will meet CM Kamal Nath soon," Shera told reporters here upon returning to Bhopal from Bengaluru.

Earlier, Rajya Sabha MP and senior Congress leader Digvijaya Singh alleged that the BJP had escorted four Madhya Pradesh MLAs, including three from his party, to Bengaluru.

"Last night, two charter planes were booked by BJP to take MLAs to Bengaluru. One was a 9-seater plane while the other was 12-seater. In the 12-seater plane, four MLAs were taken to Bengaluru. Out of them, three Congress MLAs Bisahulal Singh, Raghuraj Kansana and Hardeep Dang and one Independent MLA Surendra Singh Shera," Singh had said.

He has accused BJP of resorting to horse-trading in order to bring down the Kamal Nath government.

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