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 1,2020

Bengaluru, Jun 1: Karnataka's Department of Health and Family Welfare on Sunday released the protocol for inter-state travellers to the State during phased reopening --#Unlock1.

Five points protocol in this regard are: 1. Mandatory Self- Registration on Seva Sindhu Portal by all travellers before entering Karnataka:

a. Name, Address and Mobile Number to be provided

b. No approval required

c. Use of same Mobile number for multiple registrations not allowed except in the case of a family.

d. Business visitors to give details (name, mobile and address of persons in Karnataka they intend to meet).

e. Transit travellers to provide an address in destination state and indicate exit check post from Karnataka.

2. Health Screening of all incoming persons at entry points.

a. Border Check-posts, Airports, Railway stations and Bus stand

b. Home Quarantine hand-stamping on hand for 14-days period as per quarantine norms

3. Quarantine norms are based on three parameters

I. Symptomatic on arrival from any State: 7 days of Hospital isolation at COVID Care Centre(CCC)/Dedicated COVID Health Centre (DCHC) followed by 7 days of home quarantine or manage as per symptoms.

II. Test immediately on arrival: If positive, shift to Dedicated COVID-19 Hospital (DCH). If negative, no further test required

III. Asymptomatic on arrival:

* For persons coming from Maharashtra

a) 7 days of institutional quarantine followed by 7 days of home quarantine

b) Test if they develop symptoms during the quarantine period

c) Exceptions for Special Category Asymptomatic persons--14-days home quarantine (one attendant to be permitted) and Special category passengers--Death in the family, Pregnant Women, Children aged below 10 years, Elderly aged above 60 years, Serious illness, Human Distress

d) Business travellers from Maharashtra: To establish that one is a business traveller, a person should show confirmed return flight/train ticket which should not be more than 7 days later from the date of arrival.

In case one is coming by road, he/she should provide the address proof of person in Karnataka he intends to meet. In addition, the person should produce -- one having COVID-19 negative test certificate, which is not more than two days old -- exempted from quarantine.

One does not have a COVID-19 negative test certificate, such a person should go for institutional quarantine of two days within which COVID-19 test should be conducted at his/her own cost. After the test result is negative, the person is exempted from quarantine. No hand stamping of the business visitor is required.

e) All travellers from Maharashtra who come with COVID-19 negative test certificate from an ICMR approved lab, which is not more than two days old from the date of arrival, are exempted from seven days of institution quarantine. They can be asked to go for 14 days of home quarantine.

f) Transit traveller from Maharashtra: To establish that one is a transit traveller, a person should show flight/ train ticket for the onward journey which should not be more than 1 day later from the date of arrival. In case one is travelling by road, he/she should provide the identity proof and address proof in the destination state. Such traveller should be hand stamped if travelling by road as "Transit Traveller."

*For persons coming from other States

a) 14 days of home quarantine

b) Test if they develop symptoms during the home quarantine period

c) For persons where home quarantine is not possible, then institutional quarantine should be done, especially when we have a large family or no separate room for home quarantine, slum or overcrowded areas where home quarantine can not be followed.

d) Business visitors from the Other States: To establish that one is a business traveller, a person should show confirmed return flight/train ticket which should not be more than 7 days later from the date of arrival. In case one is coming by road, he/she should provide the address proof of the native State. No quarantine, and no hand stamping for business visitors from other states.

e) Transit traveller from the other States: To establish that one is a transit traveller, the person should show flight/train ticket for the onward journey which should not be more than one day later from the date of arrival. In case one is travelling by road, he/she should provide the identity proof and address proof in the destination state. Such traveller should be hand stamped if travelling by road as "Transit Traveller."

4. Home Quarantine: Home quarantine follow-up for all incoming persons except business visitors and transit travellers

A. For Rural Areas--

* Home quarantine poster on the home door.

* Information to two neighbours

* Gram Panchayat Task Force to carry an overall responsibility of Home Quarantine

* 3-Member team in every village to monitor

* Flying Squad: FIR against violation of home quarantine and shift to institutional quarantine

* IVRS Call-centre outbound calls

* Quarantine watch App-daily self-monitoring upload-Temperature, Finger-tip pulse-oximetry for elderly and persons with co-morbidity

B. For BBMP and other Urban Areas--

* Home Quarantine Poster on the home door.

* Information to two neighbours and resident welfare/apartment owner's association.

* Ward level team to carry an overall responsibility of home quarantine

* 3-member team at booth level to monitor along with the involvement of Resident Welfare/Apartment Owners' Associations

* Flying Squad: FIR against violation of home quarantine and shift to institutional quarantine

* IVRS Call-centre outbound calls

* Quarantine watch App: Daily self-monitoring upload- temperature, finger-tip pulse-oximetry for elderly and persons with co-morbidity

Karnataka government on Sunday issued guidelines, which will come into force from June 1 and continue till June 30.

According to the new guidelines, religious places and places of worship for the public, hotels, restaurants and other hospitality services, and shopping malls will be permitted to open from June 8.

Union Ministry of Home Affairs (MHA) on Saturday announced new guidelines for phased re-opening of "all activities outside containment zones for the next one month beginning June 1.

In an order, Karnataka government said that phased re-opening of areas outside the containment zones, all activities will be permitted, except the following, which will be allowed, with the stipulation of following Standard Operating Procedures (SOPs) to be prescribed by the Ministry of Health and Family Welfare (MoHFW).

According to the Union Health Ministry, there are 2,922 confirmed COVID-19 cases in the State including 1,877 active cases, 997 recovered and 48 deaths.

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News Network
June 24,2020

Bengaluru, Jun 24: Karnataka Minister of Medical Education Dr K Sudhakar said on Tuesday that the directors of institutions will be held responsible if any there are any complaints and lack of facilities in the treatment of COVID-19 patients.

'Since a couple of days, there are reports in media regarding the admission of COVID-19 patients, lack of hygiene and the supply of sub-standard food to patients. The country is appreciating Karnataka and Bengaluru for controlling the spread of coronavirus. This was possible due to tireless efforts from past several months and these kinds of reports emerging now cannot be tolerated," Sudhakar said.

He added, "There can be no compromise in the treatment of COVID-19 patients. It must be ensured that these kinds of complaints will not be repeated. Directors of hospitals will be held responsible if there are complaints."

The medical education minister further said that asymptomatic patients will be kept in COVID-Care Centres and if they develop symptoms in the care centres, they will be shifted to hospitals for further treatment.

"Since the COVID-19 cases are increasing, private hospitals have been roped in to treat coronavirus patients. Officials have to ensure that beds are reserved and all arrangements are made as per the government order. Guidelines will soon be issued for monitoring asymptomatic cases in COVID care centres," he added.

Karnataka on Tuesday reported 322 fresh COVID-19 positive cases and eight deaths.
According to the state health department, the total number of positive cases has mounted to 9,721 and 150 deaths. So far, 6,004 people have been discharged.

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News Network
June 10,2020

Bengaluru, June 10: A court in Bengaluru has ejected the bail plea of Amulya Leona Noronha, a college student who has been accused of sedition for saying “Pakistan Zindabad” at the beginning of a speech during a protest against the Citizenship Amendment Act (CAA) in the city on February 20.

The court claimed that if granted bail, the 19-year-old student of journalism and English at a Bengaluru college “may involve (herself) in similar offence which affects peace at large”.

Rejecting her bail plea, 60th additional city civil and sessions judge Vidyadhar Shirahatti said in his order, “If the petitioner is granted bail, she may abscond. Therefore, the bail petition of the petitioner is liable to be rejected.”

The police had booked Amulya under charges of sedition and promoting enmity between groups, although her friends claimed she was trying to convey a message of universal humanity by chanting zindabad in the name of all nations, including Pakistan and India.

Amulya, known for her oratory, and often invited at protests against the CAA, NRC and NPR, was arrested on the evening of February 20.

Video clips of the speech showed her chanting “Hindustan Zindabad” soon after saying “Pakistan Zindabad” and trying to tell the audience — her microphone had been taken away by then — that all nations are one in the end. She could not complete the speech; the protest was being held at Bengaluru’s Freedom Park.

Amulya’s bail plea was delayed on account of the lockdown, which came into force on March 25 — around the time hearings were due to begin in a lower court. Bengaluru police did not file a chargesheet against the student during the lockdown.

In the course of bail hearings, which began after lockdown restrictions were eased, the public prosecutor argued that Amulya was trying to incite people to create a law and order problem. The prosecutor also argued that she had earlier been accused of causing hatred and disaffection towards religion and the government established by law in India by holding a placard that stated “F##k Hindutva” during a student protest.

The prosecution argued that the student, if released, may commit similar offences since cases were already registered against her.

Defending Amulya, a friend who was part of the February 20 protest said, “Before she could complete what she wanted to say they surrounded her and grabbed the microphone. She was later placed under arrest on charges of sedition. What she was trying to say was, if we love one country it does not mean we should hate another.” Another friend said, “Please see her Facebook post of February 16, around 8 pm. Loving another country does not mean you are going against your own — this is exactly what she was trying to say (at the protest). She is promoting unity among nations…”

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