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
May 15,2020

Bengaluru, May 15: With lockdown-3 coming to an end in a couple of days, Karnataka Chief Minister B S Yediyurappa on Friday expressed confidence about the Centre announcing relaxation to "many things" after May 17.

"After May 17, the government of India is going to relax so many things, let us wait for it," he said in response to a question from reporters here. "According to me they (centre) will relax everything.... maybe for things like five-star hotels and others they may not give permission for the time being, but for other things they are going to give permission. Let's wait and see."

The nationwide lockdown was initially imposed from March 25 to April 14, then extended to May 3 and again to May 17 to prevent the spread of the novel coronavirus. Karnataka Tourism Minister C T Ravi on Wednesday had hinted at the state government permitting the opening of gyms, fitness centres and golf courses, also certain hotels for local tourism purpose after May 17, when the third phase of the COVID-19 induced lockdown comes to an end.

The Muzrai department (in charge of the administration of temples) was also planning to have a Standard Operating Procedure (SOP) in place, that needs to be followed at temples once they are opened for the public, officials have said. They said the opening of temples for the public is however subject to the MHA (Ministry of Home Affairs) guidelines.

During the recent video conferencing Prime Minister Narendra Modi had with Chief Ministers of various states, Yediyurappa had proposed doing away with district wise colour-coding and instead advocated strict cordoning of containment zones to control the spread of the pandemic.

He had pitched for resuming all economic activities in stand-alone establishments while continuing the restrictions on malls, cinema halls, dining facilities and establishments with centrally controlled air-conditioning. The CM had suggested that 50 to 100 meters around known clusters be declared as containment zones and commercial activities, including public transport, to be allowed in non- containment zones.

Comments

MR
 - 
Sunday, 17 May 2020

Please don't go out until May 31st.

Remember the Politicians and their famiies will stay inside  until May 31'st to protect their families.

If you go out and fall sick your whole family will suffer. So be smart and stay home.

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coastaldigest.com news network
January 26,2020

Mangaluru, Jan 26: Minister for Muzrai, Inland Water Transport, Port and Fisheries Kota Srinivas Poojary in his Republic Day address praised the Dakshina Kannada district and Mangaluru city units of Karnataka police.

Poojary, also district in-charge minister, was speaking after unfurling the National flag as a part of 71st Republic Day celebrations held at Nehru Maidan in the city on Sunday.

He said that the police department had been successful in tackling the challenges posed by anti-social elements to the law and order situation from time to time.

He also lauded the police department for effectively handling the recent bomb threat incident at Mangalore International Airport.

He said, the state government is committed to protect the welfare of the oppressed and backward classes, minority, women, farmers, differently abled and the elderly.

“People from all these sections are guaranteed government benefits in one way or the other,’’ the minister said and called upon the people to strive towards social harmony and to help the departments concerned in keeping anti-social elements away.

The state government will release its share of Rs 4,000 to the farmers under Pradhan Mantri Kisan Samman Yojana, to which Central government has credited Rs 6,000 per eligible farmer. As many as 1,33,247 farmers are benefited by the scheme in the district, the minister said.

Stating that the coastal region of Karnataka has been placed in the ninth position in the country in fisheries, Poojary said that the coastal line of Karnataka, comprising backwaters and inland water, houses immense resource for fishes.

“Thrust will be laid on boat tourism and development of ports in the coastal districts,’’ he said.

The minister, meanwhile, said that the state government had implemented various programmes for the development of fishermen community.

“Loans to the tune of Rs 60.54 crore availed by 23,000 women belonging to fishing community will be waived. Diesel subsidies amounting to Rs 28.09 crore has been transferred to the bank accounts of owners of 954 mechanized boats during the year 2019-20. As many as 2,500 houses have been sanctioned under Matsyashraya scheme,’’ Poojary said.

Dakshina Kannada district has incurred a loss of Rs 893 crore during the recent floods. Financial assistance has been extended to 1,914 families affected by the floods to buy essential commodities, he said.

Services recognised

The minister thanked the Central government for announcing Padma Vibhushan awards to late Vishwesha Theertha Swami and George Fernandez and Padma Shri award to Harekala Hajabba.

‘’The selfless services to the nation by these stalwarts have been recognised,’’ he said. Educationist Harekala Hajabba was felicitated on the occasion.

Zilla Panchayat President Meenakshi Shanthigodu, MLAs D Vedavyas Kamath, Dr Y Bharat Shetty and U T Khader, MLCs Ivan D’Souza and S L Bhoje Gowda were present. Various troupes conducted march past on the occasion. Schoolchildren took part in cultural programmes.

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News Network
May 16,2020

Kalaburagi, May 16: Former Karnataka Minister Dr Sharanprakash Patil, who was booked for violating COVID-19 imposed lockdown guidelines said on Friday that it was "politically motivated".

"It's politically motivated, the officer who filed the case was forced by MLA or some other people. As elected representatives, we're going in the constituencies, listening to people as they're apprehensive about the return of migrants. We had not conducted any meeting. Wherever we have gone we have followed social distancing," Patil said.

Patil said, "When I had gone there people came to discuss about a local problem and I was talking to an official concerned. In the meantime, some officer gave a complaint that we have violated the lockdown or something."

"They are trying to curb the voice of opposition because there are a lot of lacunae. We hear complaints about quarantine centres that there is no proper facility for food, or stay, or bathrooms," the Congress leader said.

The FIR was registered on Thursday against 23 persons, including the former MLA and 21 local Congress leaders, under Section 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code (IPC).

Congress leader Patil and his followers had conducted a meeting at a convention hall in Sulpeth town on May 13, following which sectoral magistrate Muneer Ahmed lodged a complaint.

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