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
January 18,2020

Jan 18: To mark the 30th anniversary of the mass exodus of Kashmiri Pandits from the Valley, members of the community took to social media to post videos of themselves by narrating the "Hum Aayenge Apne Watan" dialogue from an upcoming flick, 'Shikara', with the hope that they would return to their homeland one day.

On January 19, 1990, lakhs of Kashmiri Pandits were forced to leave their homes in the Valley following a genocidal campaign launched by the terrorists.

Theatre actor Chandan Sadhu participated in the campaign and said that Kashmiri Pandits have shown "unimaginable resilience" and hope to return to the Valley soon.

"As Kashmiri Pandits complete 30 years in exile this weekend, let our cry for justice be finally noticed. We have shown unimaginable resilience, and today we resolve to return home. Kashmiri Pandit friends: please record this video statement and put it up with #HumWapasAayenge," Sadhu tweeted.

The #HumWapasAayenge is trending on Twitter as more and more Kashmiri Pandits joined in the campaign to narrate the "Hum Aayenge Apne Watan" dialogue and a pledge to return to their homes.

Noted political commentator Sunanda Vashisht tweeted a throwback image of herself and said that resolve to go back home has strengthened more.

"I don't have many pictures left of my childhood. Choosing between life and family albums is really no choice at all. When lives were rescued, family albums got left behind. 30 years have passed. Resolve to go back home has only strengthened. #HumWapasAayenge," she tweeted.

Radio personality Khushboo Mattoo tweeted a video repeating the dialogue from Shikara and tweeted, "Said this in a BBC interview three years back. And I am saying it again #HumWapasAayenge #Shikara."

Journalist Rahul Pandita also took to his Twitter and captioned his post saying, "30 years of exile from Kashmir. Let us now pledge that we will return home."

'Shikara' chronicles the exodus of Kashmiri Pandits from the Valley on the night of January 19, 1990. Helmed by Vidhu Vinod Chopra, the movie is slated to release on February 7.

Netizens have supported the initiative and have expressed solidarity with the Kashmiri Pandits.

In July last year, Home Minister Amit Shah said in the Rajya Sabha that the central government is committed to bringing Kashmiri Pandits and Sufis back to the Valley saying a time will come when they will offer prayers at the famous Kheer Bhawani temple.

"Kashmiri Pandits were forced to leave Kashmir. Many of their shrines were demolished. Sufism was targeted in Jammu and Kashmir. Sufism used to talk about unity and harmony but they were attacked. No voice was raised in favour of Kashmiri Pandits and Sufis when they were brutally attacked. Sufis used to talk about the unity among Hindus and Muslims but they were forced to leave the Valley. Narendra Modi-led government is committed to bringing back Kashmiri Pandits, he had said.

The Mata Kheer Bhawani temple is one of the holiest shrines of Kashmiri Pandits, located about 14 kilometres east of Srinagar.

Last September, a delegation of the Kashmiri Pandit community met the Prime Minister in Houston and thanked him for the historic decision to abrogate Article 370 that gave special status to Jammu and Kashmir.

Modi acknowledged the hardships endured by the community following their exodus from their ancestral homeland back in 1989-1990 due to militancy.

"You have suffered a lot, but the world is changing. We have to move ahead together and build a new Kashmir," the Prime Minister had told the delegation.

"I had a special interaction with Kashmiri Pandits in Houston," Modi had tweeted following the interaction.

In October, Union Minister Prakash Javadekar announced that the Centre has decided to provide compensation of Rs 5.5 lakh each to 5,300 displaced families from Pakistan-occupied Kashmir (PoK), who initially opted to move outside Jammu and Kashmir but later on returned.

These families were earlier left out in the rehabilitation package that was approved by the Cabinet on November 30, 2016.

The Prime Minister had announced a reconstruction plan for Jammu and Kashmir in November 2016. His plan included a rehabilitation package for a one-time settlement of 36,384 displaced persons' (DPs) families of PoK-1947 and Chhamb.

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News Network
March 31,2020

Mar 30: the UAE Cabinet approved a series of new initiatives, foremost among which was the automatic extension of residence permits expiring from March 1.

The residence visas would be extended for a renewable period of three months without any fees to ease the economic impact of the Covid-19 crisis on residents, official news agency WAM reported.

The Cabinet has also waived the administrative fines associated with infractions on the services provided by the Federal Authority of Identity and Citizenship, starting April 1 and lasting for a renewable period of three months.

The initiatives also entail granting a temporary license to use digital solutions for remotely notarising and completing judicial transactions.

Government services expiring from March 1 will also be extended from April 1 for a renewable period of three months. The decision applies to all federal government services, including documents, permits, licenses and commercial registers.

The UAE has introduced a slew of initiatives to control the spread of the Covid-19 virus, including the online renewal of driving licences and vehicle’s registration cards.

The country’s telecom regulator, Telecommunications Regulatory Authority (TRA), also issued a directive that no mobile service with expired ID documents will be disconnected or suspended in the UAE.

The UAE has reported a total of 611 Covid-19 infections and five related deaths in the country.

A national sterilisation programme is underway that will continue until Saturday April 4, concluding on the morning of Sunday, April 5.

Carried out daily from 8pm until 6am the following morning, the programme will include the disinfection of private and public facilities.

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News Network
June 2,2020

Bengaluru, Jun 2: Chief Minister BS Yediyurappa on Tuesday interacted with District Collectors (DCs) and Superintendents of Police (SPs) regarding COVID- 19 situation in the State.

In the meeting held through a video conference, he said that DCs, SPs and the District Panchayat Chief Executive Officer (CEO) be divided into taluks and ordered them to take appropriate measures to control COVID-19.

He was speaking today in a video conversation with District Collector, District Panchayat Chief Executives and Superintendents of Police in Kalaburgi, Vijayapura, Udupi, Yadagiri, Raichuru and Belagavi districts regarding measures to control the spread of COVID-19.

The Chief Minister instructed officials to monitor the investments in taluka centres. He also ordered to create a task force in the village panchayats, who will be monitoring things closely.

The Chief Minister also directed for the creation of ward-level watchdog committee in every village and city and an FIR should be registered in case of a home quarantine violation.

Home Minister Basavaraja Bommai, Revenue Minister R Ashok, Chief Secretary TM Vijayabhaskar, Development Commissioner Vandita Sharma, Police Chief Director Praveen Sood, Health Department general secretary Javed Akhtar and secretary Pankaj Kumar Pandey were also present in the meeting.

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