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
March 7,2020

Bengaluru, Mar 7: As a precautionary measure to control the spread of coronavirus in Karnataka, the state government has planned to suspend biometric attendance for the time-being at its offices, also in corporate and IT companies, Medical Education Minister Dr K Sudhakar said on Saturday.

He said the government has taken all precautionary measures to control the spread of the virus in the state.

"Our Additional Chief Secretary has already spoken to IT companies yesterday on behalf of the government regarding guidelines that need to be followed, it is part of it...we will do it in the government also in the days to come," Sudhakar told reporters here.

He was responding to a question about suspending biometric attendance at offices in the wake of the coronavirus outbreak.

Asked about suspending biometric attendanceat government offices, he said, "we have planned to do it yesterday."

Sudhakar said so far in Karnataka not even one case has been identified, to that extent we have been taking precautionary measures effectively.

He said from villages to state capital Bengaluru at all levels the health department officials have been activated as part of the precautionary measures.

Also, committees headed by Deputy Commissioners have been formed in all district, he added.

"We have given certain guidelines to people. We have also included private hospitals. We have taken all precautionary measures to stop the virus from entering the state," he added.

In response to a question regarding masks, the Minister clarified that those who have the symptoms of the disease only should use them.

He said, "N95 masks are required only for those who have tested positive, there is not even a single positive case in the state so far...surgical masks that will have three layers can be used by those who have symptoms like cough, cold, fever."

In the state as a precautionary measure 2,500 beds have been kept ready if the situation arises, despite not having a single case.

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News Network
April 20,2020

Bengluru, Apr 20: Lockdown restrictions have been extended by a day by the Karnataka government, in an order issued by chief secretary TM Vijay Bhaskar on Sunday.

The order directed all heads of departments, district deputy commissioners and superintendent of policies to "continue to implement the measures presently in force" as per Ministry of Home Affairs guidelines dated April 14, "till the midnight of April 21, 2020."

The MHA guidelines had earlier allowed the state government to relax lockdown norms post-April 20.

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News Network
January 7,2020

Bengaluru/Ballari, Jan 7: Former minister BZ Zameer Ahmed Khan of the Congress set a one-week deadline for the BJP government on Monday to arrest Ballari City BJP legislator G Somashekhara Reddy for his recent speech warning Muslims of dire consequences if they continue to protest against the Citizenship (Amendment) Act.

Police have already booked Reddy, younger brother of tainted mining baron G Janardhan Reddy, under section 153-A (promoting enmity between different groups on grounds of religion) of the Indian Penal Code.

However, Khan took the fight to Reddy a step further. “If the government fails to arrest Reddy by January 13, I will stage a dharna outside his house in Ballari, come what may. Let them do whatever they want,” Khan told reporters in Bengaluru.

In his speech at a pro-CAA rally organized by BJP workers and ABVP activists in Ballari, the BJP legislator had said, “We [Hindus] are 83% and they [Muslims] are 17% and if we take law into hands, you know what will happen.”

Khan said on Monday, “I challenge Reddy, the coward, to unsheathe his sword and cut me down first. It is absolutely shameful for a legislator to speak such things against a particular community. Why is Prime Minister Narendra Modi, who often says Sabka Saath, Sabka Vikas, silent?”

On his part, Reddy on Monday said he stood by what he said. “What I meant was you Muslims should not get swayed by CAA protests and damage public property. We [Hindus] are sons of the same mother and live peacefully. However, they [Muslims] should not test our [Hindu] patience. I stick by my words 100%,” he said.

A delegation of the Ballari district Congress unit also submitted an appeal to the deputy commissioner, inspector general of police and superintendent of police on Monday to arrest Reddy for his provocative speech.

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