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 30,2020

Bengaluru, Apr 30: The Karnataka government on Thursday decided to allow migrant workers, tourists, students and others stranded in different parts of the state due to the ongoing lockdown to return to their native places, a day after the Centre issued guidelines for the process.

This will be a one-time movement and the government would arrange buses for those in need but they should bear the expenses, Law and Parliamentary Affairs Minister J C Madhuswamy said. He also said people willing to return to the state would have to undergo tests for COVID-19. The decision was taken at the state cabinet meet and it might come into effect from Friday as the Chief Secretary will have to issue an official order, he said.

"Prime Minister Narendra Modi had taken decision on movement of people and the Centre had issued a circular in this regard. Following this we have decided to permit interstate and inter-district movement," he told reporters here.

Travel expenses should be borne by those willing to return and if they want the government can provide buses from the state transport corporations. The Union Ministry of Home Affairs on Wednesday issued orders allowing migrant workers, tourists, students and other people stranded in different parts of the country to move to their respective destinations with certain conditions, giving a big relief to the distressed people. Decision on opening of salons and liquor shops will be taken after May 3, he said.

Madhuswamy said permission would be given for one-time movement of labourers and others who want to go from one district to other for work or any other purpose. Those operating industry or establishment and want to move from place to place for management purpose will be given passes with strict scrutiny and through checks.

Responding to a question, the minister said, "we don't know yet how many are willing to go, where they will go, if some one asks for permission, we will permit." "One family or two or three people want to go, they can use taxi. If too many people want to go, we will provide facility through transport corporation buses," he said.

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News Network
February 13,2020

New Delhi, Feb 13: Arvind Kejriwal wrote to Delhi Lieutenant Governor Anil Baijal on Wednesday, staking claim to form the government in the national capital, sources said, while hinting that the AAP might not invite senior leaders and chief ministers of other parties for the oath-taking ceremony.

The sources said it was the formal process by the AAP chief, who was elected as the legislature party leader earlier in the day, to stake claim for forming the new government.

Kejriwal, who returned to power in Delhi with a stunning poll victory on Tuesday, will take oath as chief minister for the third consecutive time on February 16.

While the oath-taking ceremony will be open to the public, the Aam Aadmi Party (AAP) was considering not inviting leaders and chief ministers of other parties as it did not wish to be seen as a "confrontationist" against the BJP-led Centre, the sources said.

They, however, added that the party was yet to take a decision on it.

The AAP has planned mobilisation of people for the mega event and all the newly-elected MLAs of the party have been asked to ensure huge participation from their constituencies.

"I request the people of Delhi to attend the oath-taking ceremony of the chief minister at the Ramlila Maidan in large numbers," senior AAP leader Manish Sisodia told reporters, adding that the ceremony will start at 10 am.

The AAP won 62 seats in the 70-member Delhi Assembly, while the Bharatiya Janata Party (BJP) bagged the remaining eight seats. The Congress drew a blank for the second consecutive time in the Delhi polls.

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News Network
March 25,2020

Chithradurga, Mar 25: COVID-19-positive cases in Karnataka jumped to 42 from 33 on Tuesday, with nine cases added to the list overnight. The daughter of G M Siddeshwara, Davanagere MP, is the latest case.

Sources from the Siddeshwara family said that the MP’s daughter, along with her two children, who started from Guyana, first landed at New York airport and from there, she took a flight to New Delhi.

From Delhi, she flew to Bengaluru. And then, she and her children travelled with her father in a chaffeur-driven car on March 21 to their house in Bheemasamudra.


Siddeshwara said that protocol for COVID-19 had been followed and all who returned were under self-quarantine at his house. However, the administration was not informed of her travel history till the samples were given for test, Chitradurga Deputy Commissioner Vinoth Priya R told TNIE. The DC said the test results of the MP’s daughter were collected by district health authorities and sent to Shivamogga Institute of Medical Sciences on March 22.

The test turned out to be positive for COVID-19 and she was shifted to the isolation ward at Chigateri district hospital in Davanagere. This is the first positive case in Chitradurga.The patient, who is the wife of an Indian Diplomat in Guyana, complained of flu-like symptoms and remained self-quarantined at her house at Bheemasamudra. Her condition was informed to the health department, which collected her samples and forwarded it to the SIMS for tests, results of which arrived on Tuesday evening.

The DC said that samples of family members including the two children, and those working at the MP’s house would be collected and sent for testing to ensure proper protocol is followed. The administration has declared a ‘red zone of a 5km radius around Siddeshwara’s house at Bheemasamudra. DHO Dr Palaksha said that the patient is not suffering any serious problems and is normal. However, we have put her in the isolation ward of Chigateri District Hospital in Davangere, he said.

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