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 9,2020

New Delhi, Apr 9: The Delhi Police has traced Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been on the run after an FIR was registered against him for organising a religious gathering last month despite restrictions to combat the coronavirus, sources said on Wednesday.

The cleric has been traced to Zakir Nagar in southeast Delhi, sources said.

His lawyer Tauseef Khan, however, said Saad is under self-quarantine and will join investigation after his quarantine period is over.

On March 31, Delhi Police's Crime Branch lodged an FIR against seven people, including the cleric, on a complaint by Station House Officer Nizamuddin for holding the congregation here allegedly in violation of the orders against large gathering and not maintaining social distancing to contain the spread of coronavirus.

A day later, the Delhi Police's Crime Branch wrote to Saad and others, seeking the details under Section 91 of the Code of Criminal Procedure. A second notice was also issued to him this week.

"Saad is currently under self-quarantine and will join investigation once the period of 14 days gets over," his advocate, Tauseef Khan, told PTI.

Saad's quarantine is expected to end next week.

His lawyer said a reply to the second notice will be given soon.

In an audio message last week, Saad said he was exercising self-quarantine after several hundreds who visited the Tablighi Jamaat's Nizamudddin markaz tested positive for coronavirus.

Visited by thousands last month, the Nizamudddin centre also turned out to be a hotspot for spread of coronavirus not only in national capital and country.

According to the FIR, the Delhi Police contacted the centre on March 21 and reminded them of the government order that prohibited any political or religious gathering of more than 50 people.

However, no one paid any heed to the police's direction, it said. Moreover, an audio recording purportedly of Saad was found in circulation on WhatsApp on March 21, in which he was heard asking his followers to defy the lockdown and social distancing and to attend the religious gathering of the Markaz.

On March 24, the government ordered 21-day nationwide lockdown and restricted any social, political or religious gathering.

The same day a meeting was held at Hazarat Nizamuddin police station between SHO and officer bearers of the centre.

The meeting was attended by Saad, Mohammad Ashraf, Mohammad Salman, Yunus, Mursaleen Saifi, Jishan and Mufti Shehzad and they were informed about lockdown orders.

So far, several hundred cases of COVID-19 cases across the country have been found to be linked to the Tablighi Jamaat congregation held in Delhi last month.

More than 25,500 Tablighi members and their contacts have been quarantined in the country after the Centre and the state governments conducted a "mega operation" to identify them.

At least 9,000 people participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.

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News Network
August 2,2020

Bengaluru, Aug 2: Within a year of returning to power for the fourth time as Chief Minister in Karnataka, septuagenarian B.S. Yediyurappa has consolidated his position in the ruling BJP to stay the course till the next Assembly elections in mid-2023.

"A combination of factors helped Yediyurappa to consolidate and stay the course for the remaining term of his office to ensure the saffron party retains power in the state though he is unlikely to stake claim for the chief minister's post again as he would be 80 years old by 2023," a party source told news agency here.

Since the 77-year-old seasoned politician assumed office on July 26, 2019, the first year has been tumultuous for him, as he had go through a "trial by fire" what with the party's mighty high command and detractors testing his patience in the face of natural calamities like drought, floods and the Covid pandemic.

The first 7-8 months of the term were spent in tackling drought and floods, winning 12 of the 15 by-elections in December to secure a majority for the ruling party in the lower house and expanding the cabinet in February.

Even as Yediyurappa was settling down to seriously govern after presenting the state budget for fiscal 2020-21 in early March, the coronavirus outbreak overwhelmed him, as the pandemic spread and wreaked havoc, disrupting life, livelihood, economic growth and development.

"While the emphatic victory in the by-elections ensured the government's stability till the assembly term up to mid-2023, the second cabinet expansion on February 6 posed a challenge to Yediyurappa, as he could induct only 10 of the 12 MLAs who defected from the Congress and the Janata Dal-Secular (JD-S) and won the by-elections, triggering a revolt in the party by the loyalists left out of the ministry," the source recalled.

Though Yeddiyurappa has been leading the battle against the virus from day 1 and initially succeeded in controlling it from spreading during the extended lockdown till May 31, reopening the state under Unlock since June has undone the gains, as positive cases shot up to 1,29,287 so far, including 73,219 in Bengaluru after 53,648 recovered from across the state till date, while 2,412 succumbed to the deadly disease since March 9.

"For a state of 7 crore population, the data reveals that the pandemic has been fought on war-footing to contain it from spreading in all the 30 districts, although there are no signs of it going away till a vaccine is found. The chief minister has been trying to balance unlocking the state and containing the infection," a member of the health task force told IANS.

With six cabinet posts in the 34-member ministry being vacant, filling them will be a daunting task for Yediyurappa, as at least 20 legislators, including 5-6 newly elected turncoats and party's veterans are lobbying to become ministers at any cost.

By appointing 20 party legislators as heads of state-run board and corporations, nominating 5 as members of the state legislative council, including JD-S defector A.H. Vishwanath in July and getting 2 Congress defectors R. Shankar and M.T.B. Nagaraj elected as MLCs in June with 2 others, Yediyurappa ensured that these lawmakers would not be in the reckoning for the 6 cabinet posts, as dozen MLAs are already pitching for them.

Nagaraj and Vishwanath lost in the December 5 by-elections, while Shankar was not given a ticket to contest in the by-poll but was assured of making him an MLC with another disgruntled member C.P. Yogeshwar, who lost in the 2018 May assembly polls to JD-S leader and former chief minister H.D. Kumaraswamy of the 14-month-old JD-S and Congress coalition government from May 23, 2018 to July 23, 2019.

Resignations of 17 rebels, including 14 from the Congress and 3 from the JD-S led to the fall of the coalition government, as Kumaraswamy lost the majority in the 225-member assembly on July 23, 2019 in their absence.

Though Yediyurappa led the party to win 105 seats in the 2018 assembly elections and formed a government on May 17, 2018, he resigned 3 days later on May 19, 2018, as he fell 8-9 seats short of the halfway mark (113) for a simple majority in the lower house.

In a post-poll alliance, the JD-S and the Congress formed the coalition government to keep the BJP out of power in May 2018, after the assembly elections gave split verdict and the Congress lost power then.

"The record victory of the ruling party in the May 2019 general elections, when 25 of its 27 contestants won out of 28 Lok Sabha seats from the state, reinforced the popular belief that Yediyurappa is the party's mascot in winning elections and an unquestionable leader of the politically dominant Lingayats in the state," the source pointed out.

When Yediyurappa left the BJP and floated a regional outfit (Karnataka Janata Party) in January 2013, he delivered a body blow to the BJP in the May 2013 state assembly polls, as the votes got split and was defeated by then Congress.

"Besides the party's high command, everyone in the party's state unit, including leaders and cadres are aware of Yediyurappa's popularity across the state, as has the wherewithal to connect with masses and win elections," the source added.

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coastaldigest.com web desk
February 1,2020

Shivamogga, Feb 1: A three-year-old girl who fell out of a moving vehicle had a miraculous escape in Agumbe Ghat section in Teerthahalli taluk of Shivamogga district of Karnataka.

The incident took place in the early hours of Friday when 12 members from three different families were returning from a tour of Kerala and Tamil Nadu. The girl was reunited with her family after 30 minutes of high drama.

The child, identified as Anavi, is believed to have fallen from the vehicle as it negotiated hairpin bends on the Agumbe Ghat road, 350km from Bengaluru. The child's parents, Binu and Lincy, from NR Pura in Chikkamagaluru district, and other family members reportedly dozed off and did not realize the child had fallen off the vehicle until they covered a distance of about 20km.

One of the family members noticed that child was missing from the seat next to the door. When the driver realized the door latch had given way, they suspected the child could have slipped out of the vehicle.

Then the family started searching along the road and learnt from a forest guard at the Agumbe checkpost that a missing child was found and it had been handed over to Agumbe police station.

An advocate who identified himself as Vinay spotted the girl child as he passed the deserted stretch minutes after the vehicle left and picked her up and handed her over to Agumbe police.

The child sustained minor injuries in the fall. She was provided medical treatment before she was handed over to the parents.

Sources said it wasn't known how the vehicle door opened. One theory is that the girl could have accidentally unlocked the door while clutching the latch in the bumpy ride on the ghat. Police did not file any complaint.

Similar incident

This incident is almost a rerun of a Kerala incident in which a one-year-old baby fell off a moving jeep and was reunited with its mother hours later in September 2019 in Idukki district.

The baby had slipped off the mother's arms while she dozed off in the vehicle. CCTV footage showed the baby, after falling on the road, crawling towards a lit-up area close by, which turned out to be a forest checkpost. Family realised child was missing after 20km.

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