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 18,2020

Mangaluru, Feb 18: Notorious serial killer 'Cyanide' Mohan has been sentenced to life imprisonment by a court here for the murder of a 23-year old woman from Kasaragod district of Kerala in 2006.

That was the 19th of the 20 murder cases slapped against him.

Sixth additional district and sessions court judge Sayeedunnisa  said the life sentence will commence after he serves the sentence of imprisonment in the other cases.

Cyanide Mohan had 20 murder cases registered against him. He is accused of killed several women using cyanide after befriending and raping them.

He has been awarded the death sentence in five cases and life imprisonment in three. Two of the death penalties were later commuted to life imprisonment.

According to the charge sheet in the latest case, Mohan met the woman while she was going to work at a unit of CAMPCO here. After befriending and offering to marry her, on January 3 in 2006, he took her to Mysuru and stayed in a lodge near the bus stand.

Like in all other cases, the next morning, Mohan asked the woman to remove her ornaments. The two went to the KSRTC bus stand where he asked her to consume a pill convincing her that it was a contraceptive. However, it was laced with cyanide.

The woman, who consumed the pill in the washroom, collapsed and was declared brought dead at a hospital.

As in previous cases, Mohan went back to the lodge and left the place along with her ornaments.

He was arrested later from Bantwal in 2009, after which he admitted to killing 20 women.

The judge directed the District Legal Service Authority to take steps to award compensation to the woman's mother under the Karnataka victim compensation scheme.

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News Network
March 20,2020

New Delhi, Mar 20: The four men convicted of the gang rape and murder of a Delhi woman on December 16, 2012 were hanged in the darkness of pre-dawn on Friday, ending a horrific chapter in India's long history of sexual assault that had seared the nation's soul. Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya, the fearless one.

This is the first time that four men have been hanged together in Tihar Jail, South Asia's largest prison complex that houses more than 16,000 inmates. The executions were carried out after the men exhausted every possible legal avenue to escape the gallows. Their desperate attempts only postponed the inevitable by less than two months after the first date of execution was set for January 22.

They were hanged at 5.30 am, Director General of Prison Sandeep Goel said.

After raping and brutalising the woman, the men, one of whom was a juvenile at the time, dumped her on the road and left for dead on the cold winter night. Her friend who was with her was also severely beaten and thrown out along with her. She was so severely violated that her insides were spilling out when she was taken to hospital. She died in a Singapore hospital after battling for her life for a fortnight.

Six people, including the four convicts and the juvenile, were named as accused.

While Ram Singh allegedly committed suicide in the Tihar Jail days after the trial began in the case, the juvenile was released in 2015 after spending three years in a correctional home.

The road to the gallows was a long and circuitous one, going through the lower courts, the High Court, the Supreme Court and the president's office before going back to the Supreme Court that heard and rejected various curative petitions.

The death warrants were deferred by a court thrice on the grounds that the convicts had not exhausted all their legal remedies and that the mercy petition of one or the other was before the president.

On March 5, a trial court issued fresh death warrants for March 20 at 5.30 am as the final date for the execution.

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News Network
March 4,2020

Bengaluru, Mar 4: With the number of Coronavirus positive cases in India increasing, health department officials in Karnataka are working round the clock to keep citizens safe.

But citizens are already panicking with 97 people in Bengaluru rushing to the government-run Rajiv Gandhi Institute for Chest Diseases (RGICD) on Tuesday with symptoms matching the coronavirus.

Karnataka Chief Minister BS Yediyurappa has now appealed for calm saying there is no coronavirus in the state.

"There is a difference in what appears in the media and what is on the ground. No need to panic. PM Modi is also looking into this. My health minister addressed the media and no one needs to panic. We are ready to tackle the situation," he added.

Dr. Nagaraj, director of RGICD, said the screening process began at the hospital on January 22 and they would see some 15-20 patients and take 5-6 swabs.

"Because of apprehensions, we saw 978 patients and took 27 swabs. We have also admitted 4 patients in the isolation ward," he added.

As of today, there are 5 patients admitted in the isolation ward of RGICD. Two came in close contact with the infected techie in Telengana and three foreign nationals from Japan, Saudi Arabia, and Iran.

Tech parks on high alert

At the Manyata Tech Park in the city, a company sent out a circular regarding one of their associates who had travelled from a Level 3 country to India and had flu-like symptoms.

It says that the associate was advised to receive necessary screening and observation as mandated by the Karnataka State Health Department. The associate was screened by an authorized medical agency and determined to be asymptomatic.

As of Wednesday, the company located in the G3 campus of Manyata Tech Park has begun disinfecting and sanitizing the work location and all associates working out of this location have been advised to work from home until March 6.

A statement issued by Embassy spokesperson on March 4 to India Today TV indicated the authorities have activated their response plan.

"As of March 4, we are not aware of a single positive case for the virus in more than 2,00,000 people who work in our business parks. We do understand that one employee of a company at one of our parks who had travelled from a Level 3 country was screened in the last 36 hours and determined to be asymptomatic.

As a precaution, the premises are being disinfected and sanitized. The fact remains, we are not aware of a single confirmed case within over 15 business parks across India," the statement said.

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