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
June 2,2020

Kasaragod, Jun 2: Kumbala police on Tuesday arrested 20 persons on charges of misbehaving and obstructing a medical team who were on official duty for Covid-19.

Police sources said the incident occurred at Kumbala beach near here on Monday evening when a group of locals misbehaved and obstructed an eight-member medical team, comprising of doctors and health workers, from carrying out a survey to asertain whether there has been a community spread of Covid-19 in that locality.

The health team was on a mission to gather data of people who had interacted with expatriates after they had returned to hometown recently.

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News Network
February 19,2020

New Delhi, Feb 19: The UIDAI on Tuesday said its Hyderabad office has sent notices to 127 people for allegedly obtaining Aadhaar numbers on "false pretences" but asserted these have nothing to do with citizenship.

The notices were issued after reports from the police, the Unique Identification Authority of India (UIDAI) said.

"Aadhaar is not a document of citizenship and UIDAI has been mandated under the Aadhaar Act to ascertain residency of a person in India for 182 days prior to applying for Aadhaar," the nodal body, which issues the 12-digit biometric ID, said in a statement.

The Supreme Court, in its landmark decision, has directed the UIDAI not to issue Aadhaar to illegal immigrants, it said.

"It may be noted that the regional office Hyderabad received reports from the state police that 127 people have obtained Aadhaar on false pretences, as in their preliminary enquiry they were found illegal immigrants who were not qualified to obtain an Aadhaar number," the UIDAI said.

As per the Aadhaar Act, such Aadhaar numbers are liable to be cancelled.

"Therefore, the regional office Hyderabad has sent notices to them to appear in person and to substantiate their claims for getting an Aadhaar number," it said.

The UIDAI emphasised that these notices have "nothing to do with citizenship and cancellation of Aadhaar number is in no way related to the nationality of any resident".

In case it is found and proved that any of them obtained Aadhaar by submitting false documents or through false pretences, their Aadhaar is liable to be cancelled or suspended depending on the severity of the transgression, UIDAI said.

"Severe errors like forged documents, etc., will lead to appropriate actions, including suspending /cancelling the Aadhaar," it cautioned.

"Sometimes it becomes necessary to cancel the Aadhaar number when it is found that a resident has obtained it by submitting false biometrics or documents. It is a routine quality improvement process that the UIDAI takes up regularly," the authority said.

The 127 people have been asked to appear before the UIDAI deputy director in Hyderabad for a personal hearing on February 20.

Additional time has been given to allow them to collect the requisite documents, "Since it may take them some more time to collect the original documents that they had submitted for obtaining Aadhaar, as informed by the state police, the UIDAI has postponed the personal hearing to May 2020," it added.

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News Network
January 9,2020

Mangaluru, Jan 9: Noted city based tax accountant and former Rotary District Governor Surya Prakash Bhat passed away late this evening following brief illness. He was 62 and is survived by his wife Srimathi and two daughters Shruthi and Shravya.

Surya Prakash Bhat suddenly fell ill and had been in coma for the last two weeks due to complications arising from acute diabetes. He was undergoing treatment in the ICU at Yenepoya Hospital, Kodialbail. However he failed to respond to treatment and passed away at 9.20 p.m on Wednesday, January 8th.

He was an active Rotarian. He was an active member of Rotaract Club of Mangalore Central during his youth and then joined Rotary Club of Mangalore in 1989. After holding various positions in club level and the district level including Rotary District Secretary during the year 1995-96, he became club President of Rotary Club of Mangalore during its Golden Jubilee year in 1999-2000. Then on he rose to the position of District Governor of RI Dist. 3180 during 2003-2004. He was presently a member of the Rotary District Advisory Council.

Popularly known as "SURI", Surya Prakash Bhat was born in Mangalore on 8th May 1957. He had his early education in Milagres High School and graduated from St. Aloysius College. He did his articleship under Kamath & Rao Chartered Accountants. He has been practicing as a Tax Consultant since 1980 specializing in the fields of Goods & Service Tax (GST).

He has earlier served as Treasurer and Secretary of Kanara Chamber of Commerce & Industry, Mangalore. He also has been a Member of Finance & Banking Committee of FICCI, New Delhi; Member of Advisory Board, Department of Commercial Taxes as well as of Customs & Central Excise. He was one of the founders of The Karavali Automotive Sports Club, Mangalore and a Trustee of Shri Somanatha Temple, Someshwar, Mangalore.

Had been regularly anchoring programme like “Janadhwani”, a programme which highlights problems of common man, Elections Special and Budget Analysis in the local TV Channel.

Funeral will be held tomorrow in Mangalore.

Rotary Connection

Surya Prakash Bhat Joined Rotaract Club in 1976-77 and had won record 14 out of 15 awards in the district (Comprising of 8 Revenue Districts) as the best President during 1984-85.  He served as Rotaract District Secretary during 1985-86. 

He has been addressing various institutions, organizations and service clubs on matters of general interest, personality and individual development and Rotary. Has addressed the prestigious Rotary Institutes at Colombo and was trainer for the DGN’S at Cochin Institute, Bangkok Institute & SINGAPORE Institute. He was the President during the "Golden Jubilee Year" of Rotary Club of Mangalore during 1999-2000 when the club had bagged a record 28 awards in all.

He attended Rotary International Conventions at Singapore in 1999, at Denmark/Sweden in 2006 and New Orleans, USA in 2011,and Sydney, Australia in 2014. He was District Secretary during 1995-96 and then was the Club President during 1999-2000. He had initiated unique District Projects like “Sanjeevini” – Students Parents Insurance Scheme, “Jeeva” Highway Ambulance Project, Mid Day Meal for students of 6th & 7th Std children, Mobility Training Centre for the Blind etc. 

During the Governorship, RI Dist.3180 topped the world in membership development with 15 new clubs and 852 new members.  He has represented the Dist.3180 to Council on Legislation (decision taking body of Rotary International) at Chicago, USA during 2006-07.  Has been awarded “The Citation for Meritorious Service” by THE ROTARY FOUNDATION of Rotary International in recognition of his devoted efforts for the furthering of better understanding and friendly relations of people’s of the world. Has also been awarded “The Service above Self” citation of the Rorary International for the year 2011. Was the coordinator for Zone 6A & 6B covering around 12 countries for Literacy Programme of R.I for the year 2006-07.

Was the Chairman of the Dist. Trainers Training Programme at the Rotary Institute 2017-18 at Kuala Lampur, Malaysia.

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