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 19,2020

Mangaluru, Apr 19: District-in-charge Minister Kota Srinivas Poojary said that Rs 2000 each has been deposited in the bank accounts of 6,122 construction workers, who are registered with the labour department in the Dakshina Kannada district. The amount will be deposited in the accounts of other registered construction workers at the earliest.

The state government had announced Rs 2000 to construction labourers who are registered and have lost their livelihood due to the on-going nationwide lockdown to curb the spread of the coronavirus. The curbs, which were imposed on March 24, have been extended till May 3. "The labourers were reeling under hardship after construction activities came to a halt," said the Minister.

Supply food

Local bodies should make arrangements to supply food for stranded labourers, destitutes and beggars in all the ULBs in Dakshina Kannada district, Poojary said. 

"No one should starve during the lockdown period. All the ULBs should identify destitutes, migrant labourers in their jurisdiction and arrange food for them. In case of necessity, the help of NGOs can also be taken," he added
The minister announced that Asha workers and health workers would collect information on people's health by visiting the houses in the district and submit a report within 10 days.

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coastaldigest.com web desk
May 22,2020

Newsroom, May 22: Countless netizens including Indians have hailed the action taken by Jazan University of Kingdom of Saudi Arabia against a high-ranking Indian expatriate who had posted called Indian Muslims as radicals.  

Social media platforms such as Twitter and Facebook flooded with appreciation after the University announced on Twitter that the professor, who had posted objectionable messsages, had been fired. The university, however, did not disclose the name of the professor. 

On its Twitter account, Jazan University wrote, “Based on what was monitored by the university about the publication of a contracted faculty member for offensive posts and tweets, his registration has already been folded. #JazanUniversity affirms that it resolutely addresses any perverted or extremist ideas that affect the constants or violate the directions of good leadership.”

After the university’s announcement, many on Twitter posted screenshots of the communal tweets claiming that the professor is Neeraj Bedi and made it clear that the dismissed professor is an Indian.

Bedi has been working as full time Professor in Faculty of Public Health and Tropical Medicine in Jazan University for years.

In his Twitter account, which does not currently exist, he was praising PM Modi and spewing poison against Islam and holding Muslims responsible for the spread of Coronavirus. It is believed that the account was deleted after the protests became severe.

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News Network
April 2,2020

Bengaluru, April 2: At least three people have been arrested by police in connection with the attack on ASHA worker Krishnaveni in Bengaluru's Byatarayanapura area.

Earlier in the day, Bengaluru Police Commissioner Bhaskar Rao said that an investigation was initiated into the incident in which ASHA workers were attacked.

"I have appointed Pulikeshi Nagar ACP, Tabarak Fathima, to investigate the matter. A case will be registered and action will be taken. ASHA workers will be protected by the police to carry out their functions," Rao told ANI here.

Earlier, Karnataka Deputy Chief Minister CN Ashwath Narayan visited one of the ASHA workers who was allegedly attacked by unidentified miscreants and termed the incident as "completely demoralising" for the workers.

ASHA workers, who were deployed to spread awareness about coronavirus and identify suspected cases, were allegedly attacked by a group of locals in Byatarayanapura here on Wednesday.

The workers said that the locals did not allow them to work and around 100 people gathered at the spot and harassed them.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus.

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