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 7,2020

Bengaluru, Jun 7: A mobile app and a portal offering technology-driven solutions to manage and mitigate floods in urban areas were launched here on Saturday by Karnataka Revenue Minister R Ashoka.

The mobile app 'Bengaluru Megha Sandesha' was developed to disseminate information on rainfall and flood forecast, location-specific dynamic weather directly to the public. "The in-built features of the app and the information provided for a city is the first of its kind in the country," a press release said. This is a system of providing rainfall, flood forecasts and early warning to the officials of government agencies in the city through SMS to their mobile phones, social media platforms and a dedicated web portal, the release said.

The information provided would help the civic authorities act in advance and manage the floods, it said. The portal 'Varunamitra' is for information on the weather. The information provided is based on real-time data from 100 telemetric rain gauges installed and maintained at various locations across the state, it said. Rainfall forecast is based on the weather research and forecast models developed by the Indian Space Research Organisation (ISRO), Ahmedabad, the release said.

The information on flood forecast is based on the hydrological model, hydraulic routing and automation of the results. The Karnataka State Natural Disaster Monitoring Centre, along with the Indian Institute of Science (IISc), took up this project on the urban flood model for Bengaluru city. The project was funded by the Central government's department of science and technology, the release added. 

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News Network
January 25,2020

Bengaluru, Jan 25: The Karnataka government would hold a Global Investors' Meet (GIM 2020) in Bengaluru from November 3-5 to showcase the southern state's ecosystem for attracting investments from the world over, an official said on Friday.

"Our Chief Minister B.S. Yediyurappa held the first road show on the GIM at the 50th World Economic Forum (WEF) annual meeting, being held at Davos in Switzerland and invited global firms to participate in the 3-day event for investment opportunities," additional secretary P. Ravikumar told IANS.

At a curtain-raiser on "Invest Karnataka 2020" on Thursday, the BJP Chief Minister said the theme of the GIM would be "Innovate Now. Growth Forever" as the state had one of the best natural and human resources for investing in manufacturing, services and agriculture sectors and creating jobs.

"About 100 entrepreneurs, businessmen and heads of global firms participated in the roadshow to assess the state's industrial policies, incentives, infrastructure, tax system and its ease of doing business for investment potential," Ravikumar said.

Among the participants at the event were Swiss-India parliamentary group president Niklaus-Samuel Gugger, Uber Chief Executive Dara Khosrowshahi, General Electric (GE) executive William Cowan and heads of Gemini Corporation, Coca Cola, SAP Labs, Swiss Re and Mitsubishi Heavy Industries.

"Khosrowshahi discussed Uber's expansion plans in Bengaluru and assured the Chief Minister of investing more in the state. Cowen expressed interest in the development of healthcare, renewable energy and power distribution across the state through partnership with the state government," the official noted.

The US-based transnational firm (GE) has a large presence in Bengaluru with one its largest engineering and technology centres and two production plants.

"A Coca Cola executive told Yediyurappa that the soft beverage firm would initially invest $25 million in its plants in the state and enhance it to $200 million to benefit farmers and rural people with access to clean drinking water in their villages," Ravikumar said.

The Chief Minister also sought to know the investment or expansion plans of global firms present in the state, especially Bengaluru and assured their heads of the state support in creating hundreds of jobs and wealth.

About 100 members of the Indian delegation to the WEF, led by Union Commerce and Industries Minister Piyush Goyal, Confederation of Indian Industry (CII) director-general Chandrajit Bannerjee, Bharat Forge chairman Baba Kalyani, Kirloskar Systems Managing Director Vikram Kirloskar, also participated in the state's GIM roadshow.

State Industries Minister Jagdish Shettar, chief secretary T. M. Vijaya Bhaskar, additional chief secretary E.V. Ramana Reddy and industrial department principal secretary Gurav Gupta also attended the state event.

"Emiriti Lulu Group chairman M.A. Yusuf Ali discussed plans to invest $300 million (Rs 2,160 crore) in logistics, hospitality and health/wellness sectors across the state with Yediyurappa," said Ravikumar.

Ali, an NRI (non-resident Indian) migrated to the United Arab Emirates (UAE) from Kerala two decades ago and founded the Lulu Group at Abu Dhabi to operate a chain of hypermarkets and retail firms since 2000.

"The Chief Minister assured Ali of speedy approvals and incentives for investing in the state, with ease of doing business," the official said in an e-mail to IANS from the Swiss town.

Asserting that his proactive government would work overtime to facilitate global investments in the southern state, Yediyurappa said he was committed to create more jobs across sectors.

Dassault Systems executive Florene Verzelen told the chief minister about her company's plans to set up centres of excellence in smart manufacturing and smart cities in the southern state.

"The centres will train and equip the youth with skilled jobs in large corporations the world over," Ravikumar reiterated.

Yediyurappa apprised US aerospace behemoth Lockheed Martin executive Richard Ambrose of the ecosystem for aerospace and defence industry in the state, especially Bengaluru.

"I will soon visit Bengaluru to explore the possibilities of investing more in Karnataka and taking up research and development work," said Ambrose on the occasion.

A delegation from global automotive component maker Denso also called on the chief minister and interacted with the state delegation.

The Japanese firm has an excellence and research centre in New Delhi and a manufacturing unit at Nelamangala on the outskirts of Bengaluru.

Denso executive Hiroyuki Wakabasyi said he would visit Bengaluru soon to explore further investments in the state.

"Arcelor Mittal chairman Laxmi Mittal also met the chief minister and discussed his company's investment plans in the state," the official added.

Mittal backed out of setting up a steel plant in the state's northern region over a decade ago due to delays in acquiring land and mandatory approvals.

Drug maker Novo Nordisk chief executive Lars Fruergaard expressed readiness to work with the state government in taking up educative and awareness programmes for diabetic patients.

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News Network
July 1,2020

Bengaluru, Jul 1: Faced with increasing number of COVID-19 cases in the State Capital, Chief Justice of Karnataka High Court Justice A S Okha has decided the Court to function online.

Registrar General Rajendra Badamikar, in the notice issued here on Wednesday, based on order of the Chief Justice, stated that the emergency cases will be conducted through video conference until the next order.

The order also specifies that only the principal seat (Bengaluru) will be conducting proceedings online. High Court benches at Dharwad and Kalaburagi will continue to function as usual.

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