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
February 26,2020

Udupi, Feb 26: Thirty senior folk artistes, one from each district across the state, and two folk experts will be presented the ''Karnataka Janapada Academy'' Awards for 2019-20.

Announcing the names of the award winners here on Wednesday, Academy Chairperson Manjamma Jogathi said that while the artistes will get a purse of Rs 25,000 and a citation, the folk experts will be awarded Rs 50,000 and a citation.

The awardees are M Gowramma (Folk singing – Bengaluru Urban), Lakshamma (Bengaluru Rural – Bhajan), Ankanahalli Shivanna (Ramnagaram –Pooja Kunitha), Angadi Venkatesheppa (Kolar-Tatvapada), Rangaiah (Thumkuru-Folk Singing), P G Parameshwarappa (Davangere-Veeragase), Tippanna (Chitradurga – Goravara Kunita), Munireddy (Chikkaballapura-Folk Song), G C Manjappa (Shivamogga – Dollu Kunitha), Mada Shetty (Mysore – Kamsale Kunita), Swami Gowda (Beesuva Padagalu – Mandya), Gowramma (Chamarajnagar –Sobane Pada), J K Ramu (Kodagu-Kodavara Kunitha), Kapini Gowda (Hassan – Kolata), Dr H C Eshwarnayaka (Chikkamagalur-Nati Vaidhya), Sadhu Panara (Udupi-Bhootha Kola), Rukmaiah Gowda (Dakshina Kannada – Siddavesha), Sankamma (Belagavi –Sampradaya Pada), Rukmini Mallappa Haranala (Bagalkote-Wedding folk Song), Mallaiah Rachaiah Thotagunte (Dharawad-Folk Song), Hanumanthappa Dharwad (Haveri –Bhajane Kolata), Nagaraj Jakkammanavar (Gadag – Gigi Pada), Nimbevva Kenchappa Gubbi (Vijayapura-Sobane Pada), Hussainabi Budensaab Siddi (Uttarkannada-Siddi Damami Dance), Gangadara Swami Aggi Mata (Kalburgi – Puruvanthike), Tulasi Rama Bhimarao Suthara (Bidar-Folk Song), Shanthavva Ganda Lachamappa Lamani (Koppal – Lamani Dance), Soogappa Nagappa (Raichur – Tatvapada), Veshagara Mothi Ramanna (Ballari-Hagalu Vesha), Shivamoorthy Thanikedara (Yadagir – Gigi Pada).

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News Network
June 5,2020

Bengaluru, Jun 5: The Karnataka government has asked all its departments and authorities to avoid during all official transactions the nomenclature "Dalit" for members belonging to the Scheduled Castes.

"All the departments and authorities of government of Karnataka are requested that (use of name Dalit) for all official transactions, matters, dealings, certificates, among others," the official circular said.

The Constitutional term Scheduled Caste in English and its appropriate translation in other national languages should alone be used for denoting the persons belonging to the Scheduled Castes/ Scheduled Tribes notified in the presidential orders issued under Article 341 of the Constitution, the circular said.

The circular issued on May 20 notes instructions issued by the Central government in 2018, with reference to the order of the High Court of Madhya Pradesh, Gwalior Bench.

"That the Central government/state government and its functionaries would refrain from using the nomenclature "Dalit" for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution or any statute," the order had said.

Pointing out that the Central government had earlier issued instructions that the words "Harijan" and "Girijan" should not be used, the circular said accordingly the Karnataka government also had issued a Government Order in 2010.

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News Network
January 21,2020

Bengaluru, Jan 21: A massive protest against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR) was witnessed at Shivajinagar's Chandni Chowk area on Tuesday.

Scores of people came together carrying national flags and placards to register their protest in the city.

Speaking to ANI, a protester said, "People of all religious community have assembled here in Chandni Chowk to protest against CAA, NRC, and NPR. We the people of India are against this law."

Terming the law as anti-constitutional, he said that we support all the states who oppose the CAA. We demand the revocation of CAA and the government should remove conditions in NPR which lead to NRC.

CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist and Christian communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh and who came to India on or before December 31, 2014.

Comments

Danny
 - 
Tuesday, 21 Jan 2020

What if the Caa was implemented by congress which was earlier planned by dr mnmohan singh and even Gandhiji said this that minorities of Pak amd Bangladesh can come india. Go check facts. Domt trust ur whstapp knowledge. 

abdulla
 - 
Tuesday, 21 Jan 2020

Unfortunately Hitler brother is our HM who is deaf, dumb and blind.   He has shit in his brain.   He is unfit to be called as human being.  He is thinking that he has no death.   I am sure that he will meet a miserable end. 

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