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
January 21,2020

Bengaluru, Jan 21: Karnataka Chief Minister's political adviser MP Renukacharya has courted controversy yet again with his remarks targeting the Muslim community at a pro-CAA rally in Karnataka on Monday.

Addressing a rally in support of the new citizenship law, the BJP lawmaker accused Muslims of collecting weapons in mosques instead of praying. "There are few traitors who sit in a masjid and write fatwas. They collect weapons inside the mosque instead of praying. Is this why you want a Masjid," Renukacharya said on Monday.

Renukacharya said he won't hesitate to use the money allotted to Muslims for Hindus. "I will resort to such politics in my taluk where the money allotted for Muslims can be used for Hindus. I will put you [Muslims] in your place and show what politics is," said Renukacharya, who is a close aide of CM BS Yediyurappa.

This is not the first time a Karnataka BJP leader has made communal remarks targeting the minority community. Earlier, BJP MLA Somashekar Reddy had made controversial remarks at a pro-citizenship law protest in Ballari when he asked those opposing the Citizenship (Amendment) Act to think of the "consequences" if the majority community members hit the streets against them.

The MLA had said, "If you do any drama, then if 100 per cent people come, understand what will be your situation. Congress people are lying to you, believing them you are coming on streets. We are 80 per cent, you are 17 per cent, if we react, what will be your situation? Be careful," Reddy had said.

Following outrage, a case was filed against Somashekar Reddy for alleged provocative speech targeting those protesting against the amended citizenship law.

Comments

neshu mangalore
 - 
Tuesday, 21 Jan 2020

Hatred has no space in this world!!! these cheap politicians must show thier ways by the electing public .else conflicts never end .....Spread Peace..

 

God is watching!!!!

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News Network
July 9,2020

Bengaluru,  Jul 9: Former Karnataka Chief Minister and Congress leader Siddaramaiah on Wednesday said that he was opposed to a tie-up with Janata Dal-Secular in the last Lok Sabha elections but the party high command did not listen to him.

"I had suggested that we should fight alone (in Lok Sabha elections) because JD-S votes would not have come to us and our votes would not have gone to JD-S," Siddaramaiah told reporters here.

Congress leader said that he was the only one to make the suggestion and he did not get support.

"I was the only one to raise a voice that's why it was not heard by (party) high command and I did not get support. We might have won over seven seats in parliament election if we had fought alone," he said.

After forming government in Karnataka in 2018 with support of JD-S, Congress had fought the 2019 general election in a pre-poll alliance with the party. Congress could only one seat of the 21 it contested and JD-S also won one seat of the seven it contested.

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coastaldigest.com news network
July 15,2020

Mangaluru, Jul 15: Amidst mounting coronavirus cases, the district administration has finalised 80 covid care centres (CCC) in Dakshina Kannada.

Sindhu B Rupesh, deputy commissioner of DK, said that as many as 80 premises that were functioning as quarantine centres have now been identified as CCCs in the district.

People in the district have been demanding that CCCs should be opened for asymptomatic cases in the district too. 

A majority of around 1,500 active cases in Dakshina Kannada are asymptomatic, and the CCCs will help those planning to go to private hospitals to reduce their treatment costs.

Additional deputy commissioner M J Roopa said that the 80 CCCs identified throughout the district will work as care centres for asymptomatic Covid-19 patients.

A medical team will attend to the centres, and supply of food and water will be taken care of by the government. In case of any health issues, the patient will be shifted to the Covid hospital, she said.

“All asymptotic Covid-19 patients, who are unable to opt for home isolation, are being kept in CCCs. A designated health team will monitor each CCC in the district. Meanwhile, the nearest public health centre (PHC) will have an ambulance on standby in case of an emergency,” she added.

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