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
June 9,2020

Jun 9: Prime Minister Narendra Modi wants all 1.3 billion Indians to be “vocal for local” — meaning, to not just use domestically made products but also to promote them. As an overseas citizen living in Hong Kong, I’m doing my bit by very vocally demanding Indian mangoes on every trip to the grocery. But half the summer is gone, and not a single slice so far.

My loss is due to India’s COVID-19 lockdown, which has severely pinched logistics, a perennial challenge in the huge, infrastructure-starved country. But more worrying than the disruption is the fruity political response to it. Rather than being a wake-up call for fixing supply chains, the pandemic seems to be putting India on an isolationist course. Why?

Granted that the liberal view that trade is good and autarky bad isn’t exactly fashionable anywhere right now. What makes India’s lurch troublesome is that the pace and direction of economic nationalism may be set by domestic business interests. The Indian liberals, many of whom are Western-trained academics, authors and — at least until a few years ago — policy makers, want a more competitive economy. They will be powerless to prevent the slide.

Modi’s call for a self-reliant India has been echoed by Home Minister Amit Shah, the cabinet’s unofficial No. 2, in a television interview. If Indians don’t buy foreign-made goods, the economy will see a jump, he said. The strategy — although it’s too nebulous yet to call it that — has a geopolitical element. A military standoff with China is under way, apparently triggered by India’s completion of a road and bridge near the common border in the tense Himalayan region of Ladakh. It’s very expensive to fight even a limited war there. With India’s economy flattened by COVID, New Delhi may be looking for ways to restore the status quo and send Beijing a signal.

Economic boycotts, such as Chinese consumers’ rejection of Japanese goods over territorial disputes in the East China Sea, are well understood as statecraft. In these times, it’s not even necessary to name an enemy. An undercurrent of popular anger against China, the source of both the virus and India’s biggest bilateral trade deficit, is supposed to do the job. But is it ever that easy?

A hastily introduced policy to stock only local goods in police and paramilitary canteens became a farcical exercise after the list of banned items ended up including products by the local units of Colgate-Palmolive Co., Nestle SA, and Unilever NV, which have had significant Indian operations for between 60 and 90 years, as well as Dabur India Ltd., a New Delhi-based maker of Ayurveda brands. The since-withdrawn list demonstrates the practical difficulty of bureaucrats trying to find things in a globalized world that are 100% indigenous.

Free-trade champions fret that the prime minister, whom they saw as being on their side six years ago, is acting against their advice to dismantle statist controls on land, labor and capital to help make the country more competitive. Engage with the world more, not less, they caution. But Modi also has to satisfy the Rashtriya Swayamsevak Sangh, the umbrella Hindu organisation that gets him votes. Its backbone of small traders, builders and businessmen — the RSS admits only men — was losing patience with the anemic economy even before the pandemic. Now, they’re in deep trouble, because India’s broken financial system won’t deliver even state-guaranteed loans to them.

The U.S.-China tensions — over trade, intellectual property, COVID responsibility and Hong Kong’s autonomy — offer a perfect backdrop. A dire domestic economy and trouble at the border provide the foreground. Big business will dial economic nationalism up and down to hit a trifecta of goals: Block competition from the People's Republic; make Western rivals fall in line and do joint ventures; and tap deep overseas capital markets. The first goal is being achieved with newly placed restrictions on investment from any country that shares a land border with India. The second aim is to be realized by corporate lobbying to influence India's whimsical economic policies. As for the third objective, with the regulatory environment becoming tougher for U.S.-listed Chinese companies like Alibaba Group Holding Ltd., an opportunity may open up for Indian firms.

All this may bring India Shenzhen-style enclaves of manufacturing and trade, but it will concentrate economic power in fewer hands, something that worries liberals. They’re moved by the suffering of India’s low-wage workers, who have borne the brunt of the COVID shutdown. But when their vision of a more just society and fairer income distribution prompts them to make common cause with the ideological Left, they’re quickly repelled by the Marxist voodoo that all cash, property, bonds and real estate held by citizens or within the nation “must be treated as national resources available during this crisis.” Who will invest in a country that does that instead of just printing money?

At the same time, when liberals look to the business class, they see a sudden swelling of support for ideas like a universal basic income. They wonder if this isn’t a ploy by industry to outsource part of the cost of labor to the taxpayer. Slogans like Modi’s vocal-for-local stir the pot and thicken the confusion. The value-conscious Indian consumer couldn’t give two hoots for calls to buy Indian, but large firms will know how to exploit economic nationalism. One day soon, I’ll get my mangoes — from them.

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News Network
July 12,2020

Kochi, Jul 12: The two main accused in Kerala gold smuggling case, Swapna Suresh and Sandeep Nair have been arrested by the National Investigation Agency (NIA). Both the accused will be produced before NIA court in Kochi, Kerala on Sunday.

Swapna Suresh and Sandeep Nair were detained by NIA from Bengaluru, Karnataka on Saturday.

Swapna is named as the second accused and Sandeep has been named as the fourth accused in the FIR taken by NIA and both have been slapped with Unlawful Activities (Prevention) Act, 1967, (UAPA) along with first accused Sarith PS and third accused Fazil Fareed
Already, Sarith PS was arrested by the Customs, while Fazil Fareed is still at large. 

NIA officials yesterday conducted a detailed interrogation of Sarith after reaching the customs office in Kochi where he is in custody.

The Customs Department had on July 5 seized 30 kg gold worth Rs 15 crore concealed in diplomatic consignment at the Thiruvananthapuram international airport.

The NIA on Friday registered a First Information Report (FIR) against Sarith Kumar, Swapna Suresh and Sandeep Nair, the three persons allegedly involved in the case.

The agency has charged them with offences under various sections of the Unlawful Activities Prevention Act.

Swapna Suresh was on the run following the gold seizure. She was employed in Space Park and Kerala State Information Technology Infrastructure Limited (KSITL), which comes under the IT department, a portfolio held by Kerala Chief Minister. She was ousted after being named an accused in the case.

Sarith Kumar, an accused in the case who had previously worked as a public relations officer (PRO) in UAE Consulate-General's office in Thiruvananthapuram, was arrested on July 6.

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Agencies
February 23,2020

New Delhi, Feb 23: Dreaded underworld don Ravi Pujari, operating from overseas, has been reportedly arrested in South Africa and efforts are on for his deportation to India.

Pujari, who parted ways with underworld don Chhota Rajan, had jumped bail from Senegal, last year and had escaped to South Africa, where he was involved in big-time drug trafficking and extortion racket.

Sources in Indian Intelligence said that Ravi Pujari, who was hiding with a false identity of Anthony Fernandes, a Burkina Faso passport holder, was located in a remote village in South Africa.

On a tip-off from Indian external intelligence agency, the Senegal police air dashed South Africa last week. Pujari, 52, wanted in over 200 cases of heinous crimes, including murder and extortion, was detained with the help of South African agencies.

Sources in Mumbai Police said that Pujari's arrest has not yet been confirmed officially but Ministry of External Affairs is in touch with its mission in South Africa. An official in MEA refused to speak on the issue. Embassy of Senegal in Vasant Vihar, New Delhi, also did not respond to IANS' queries in connection with Pujari's arrest.

The mafioso first came into news in early 2000 when he started extorting huge amounts from famous Bollywood personalties and builders. He was involved in an attempt to murder case, aimed at killing a prominent lawyer of Mumbai.tip-off

Pujari's wife Padma and three children also fled India and some of them hold Burkina Faso passport. His son who was recently married in Australia reportedly holds an Australian passport.

Earlier last year Ravi Pujari, living under the identity of Anthony had jumped bailed from a Senegal court through fraudulent means. IANS had accessed the don's new passport. Pujari now goes under the name of Anthony Fernandes and is a citizen of Burkina Faso, a West African country, his date of birth is shown as 25.1.1961.

Pujari, a movie junkie influenced by Amitabh Bachchan's portrayal as Anthony Gonsalves in 'Amar Akbar Anthony' was using the name, Anthony Fernandes. This passport was issued on 10.7.2013 and is valid till 8.7.2023. The passport showed his profession as Agent Commercial which means that he is designated as a businessman running a chain of restaurants Namaste India in Senegal, Burkina Faso and neighbouring countries.

Pujari's lawyers in Senegal had argued in the court citing that he is Anthony Fernandes, a businessman from Burkina Faso as mentioned in his passport and not a fugitive as claimed by the Indian Government.

Clearly indicating a collision between top government functionaries of Burkina Faso and Pujari in which an influential Indian businessman, who is his partner in a restaurant chain, may have played the role of a conduit.

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