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 14,2020

Bhuj, Feb 14: In a horrifying incident, as many as 68 undergraduate girls were paraded through their college into the restroom and forced to individually remove their undergarments to prove that they were not menstruating. 

This shameful exercise was conducted at Shri Sahjanand Girls’ Institute (SSGI) in Gujarat’s Bhuj under the supervision of principal and other teachers. 

It all began after the hostel rector complained to the principal that some of the inmates had been violating the Hindu religious norms specifically for menstruating females.

According to the sect’s norms, menstruating females are barred from entering the temple and kitchen. They are even forbidden from touching other students. However, the hostel administration reportedly complained to principal Rita Raninga that some girls who were having their periods not just mingled with other hostel inmates, but also entered the kitchen and ventured near the temple on the premises. 

“It was sheer mental torture and we don’t have words to describe it,” a student who underwent the traumatic experience said, adding that there were total 68 girls who were forced to pass through the test.

“The hostel administration levelled this allegation and insulted us on Wednesday. On Thursday, when we were attending lectures, rector Anjaliben called the principal and complained about this. We were forced to leave our classrooms and queue up outside in the passage. The principal abused and insulted us, asking which of us were having our periods. Two of us who were menstruating stepped aside,” said another victim.

“Despite this, we were all taken to the washroom. There, female teachers asked us to individually remove our undergarments so they could check if we were menstruating,” she added.

Another teenage undergraduate said, “We come from farflung villages. The college campus houses a school that runs classes from Class 1to 12. They provide hostel facilities to the school students. The college does not have its own hostel. We live with the school-kids in their hostel.”

She added, “The principal, hostel rector and the trustees harass us regularly over the issue of menstruation. We are punished for having periods. This happens even if we follow their religious rules. They made us remove our undergarments because they thought some of us were lying about not having periods, and mingling with the others against rules. But the humiliation meted out to us on Thursday was the last straw. When we protested against this, trustee Pravin Pindoria told us that we could take legal action if we wanted but we would have to first leave the hostel. He also forced the students to sign a letter saying nothing happened in college. But enough is enough.”

Kutch University authorities have, meanwhile, swung into action and a five-member team including in-charge vice-chancellor, Darshna Dholakia, and two other senior female professors visited the college on Thursday. “We will speak to the students and the college authority and later initiate appropriate action based on the findings,” Dholakia said.

Run by followers of Swaminarayan Mandir, the college was set up in 2012 but moved into a new building on the premises of Shree Swaminarayan Kanya Mandir in 2014. The college which offers BCom, BA and BSc courses has about 1,500 students of which 68, who come from remote villages, stay in the hostel on campus. The college is known for its pro-Hindutva stance.

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coastaldigest.com news network
May 21,2020

Bengaluru, May 21: Chief Minister B S Yediyurappa today slammed Law Minister JC Madhuswamy for yelling at a woman farmer in Kolar, an incident that attracted widespread criticism. 

The incident happened on Wednesday when Madhuswamy, who is also the minor irrigation minister, was inspecting the Koramangala-Challaghatta (KC) Valley project, under which Bengaluru’s sewage is treated and pumped into lakes in Kolar. 

During his visit, farmer Nalini Gowda questioned Madhuswamy on the encroachment of the 1,022-acre S Agrahara lake. At one point, Madhuswamy lost his cool and yelled, “Aye! Shut your mouth, rascal,” and asked the police to take her away. Before this, Madhuswamy told her, “Make a request. I’m a very bad man. You can only air your grievance. Don’t command us.” 

A video of this exchange was aired by news channels. 

“What (Madhuswamy) said is not right. I have warned him. None can forgive such an explicit manner of talking with a woman. That, too, behaving like that being a minister doesn’t bode well. I will talk to that woman also and I’ll ensure this doesn’t happen again,” Yediyurappa told reporters.

The incident has come as a shot in the arm to the Opposition Congress, which is already attacking the Yediyurappa administration on the COVID-19 crisis. Condemning Madhuswamy’s behaviour, Leader of the Opposition Siddaramaiah demanded an apology and asked Yediyurappa to sack him from the Cabinet. 

Karnataka Pradesh Congress Committee (KPCC) president D K Shivakumar said it was unbecoming of Madhuswamy to behave like that being a senior minister. “People will ask us questions and express their problems, naturally. What’s important is how we handle ourselves. Be it a woman or anyone, they come to us because we’re into public service. Calling them ‘rascal’ and things is not right. Maybe there was some irritation, but I agree with (Siddaramaiah) that he should be dropped from the Cabinet,” he said.

On his part, Madhuswamy said he felt intimidated. “If I have hurt the feelings of any woman, I will certainly apologise,” he said. “But citizens should realise, we go to their villages to ask about their problems. If they start abusing us publicly, how can we work? My secretary and I heard her for five minutes and then told her that we know our responsibility. We asked her to close the issue. She didn’t stop and I got tempted (sic),” the minister said.

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coastaldigest.com news network
January 15,2020

Mangaluru, Jan 15: Popular Front of India leader Mohammed Saqib came down heavily on Mangaluru City Police Commissioner Dr P S Harsha for justifying the Dec 19 firing which claimed two Muslim lives in the city.  

He was addressing a mammoth crowd of around two lakh people, mostly Muslims, who had gathered at Shah Garden at Adyar in Mangaluru today to register their protest against CAA, NRP, NRC, besides police atrocities on Muslims in Mangaluru.

Criticising the way the commissioner handled the situation on December 19, he said the people have all the right to agitate when their citizenship is endangered. 

“Two men lost their lives. Then Commissioner started releasing misleading videos (to justify the killing),” he said questioning the top cop: “Who are you? Are you a British?” 

“What kind of doctor you are? You are a doctor in creating false stories,” he said whiling taking on the top cop for claiming that protesters had tried to storm the Mangaluru North Police Station.

Also Read: 

#MangaluruAgainstNRC | Sea of protesters converge at Adyar ground to assert their identity

#MangaluruAgainstNRC | Undeclared bandh in parts of Dakshina Kannada

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