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 27,2020

Bengaluru, Apr 27: As many as 345 Bengaluru-based journalists tested negative for coronavirus on Monday after undergoing a medical check-up got up for them at a hospital here, a top official said.

They had undergone the tests at the Sir C V Raman General Hospital here on April 25 and the results came out negative on Monday. They were among a total of 1,170 journalists who took the tests at the four-day medical check-up camp at the Hospital here from April 23.

"The medical check-up was done in four slots at the Hospital here from Thursday and concluded on Monday. A total of 1,170 journalists undertook the tests, 480 of them on Monday alone, the joint director of the Department of Information and Public Relation D P Muralidhar said.

The test reports of the 480 journalists may come out on Wednesday, he said. Only one journalist tested positive so far and has been admitted to the designated COVID-19 hospital, he said, adding 36 of his primary and secondary contacts have been quarantined.

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coastaldigest.com news network
May 20,2020

Mangaluru/Udupi, May 20: Islamic scholars belonging to different schools of thoughts including two prominent Qadis have issued special guidelines asking all Muslims in the region to offer prayers and celebrate Eid al-Fitr at home this year in keeping with the extended covid-19 lockdown.

Eid al-Fitr which marks the end of the month-long dawn-to-sunset fasting of Ramadan is rather a ‘humanitarian event’ than a fiesta. This year Eid is likely to be observed in coastal Karnataka on May 23 or May 24 depending on sighting of the new moon.  

Amid the Covid-19 pandemic, the Muslims are preparing for — and reconciling itself to — a most unusual Eid bereft of all the usual trappings like huge prayer congregations, ceaseless shopping, social visits and the inviting warmth of an Eid Mubarak embrace.

In their separate messages, Udupi Qadi Bekal Ibrahim Musliyar and Mangaluru Qadi Twaqa Ahmed Musliyar have urged Muslims to refrain from all kinds of public gatherings during Eid. Noting that Muslims in the region have followed all the advisories in issued by the government to contain the spread of coronavirus in the blessed month of Ramadan, they have urged them to follow the guidelines during Eid too.

On social media groups, messages like “no new clothes, just wear your best clothes” are being circulated among family and friends, urging people to fill the festive void with the spirit of giving. The suggestions range from paying a needy child’s school fee or someone’s rent to helping a lockdown-hit trader revive his business.

Following guidelines are issued by the top clerics ahead Eid

1) There will be no Eid prayer in mosques or Eid-gahs. Hence, Muslims should offer Eid al-Fitr prayer in their homes with family members.

2) Distributing Zakat al-Fitr among needy is mandatory. However necessary safety measures should be taken while going out such as wearing masks and maintaining physical distance. As there is lockdown from 7 p.m. to 7 a.m. every day, Zakat al-Fitr can be distributed a day before Eid or on the day of Eid before evening. 

3) Women, children and elderly people should not step out of the houses.

4) Avoid visiting graveyards or other places.

5) All mosques are closed due to lockdown. Hence, observe Eid in a simple way and set an example for the society. 

6) Strictly follow all the guidelines issued by the state and central governments

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coastaldigest.com news network
May 20,2020

Bengaluru, May 20: An Air India flight from Dammam in Saudi Arabia landed here with 161 passengers, including 85 for Karnataka and 76 to Hyderabad, an official said on Wednesday. Among Karnataka passengers there were both Bengalureans and Mangalureans.

"AIC-1910 (Airbus A321-211) landed at the city airport at 8.45 p.m. and 85 passengers, including 9 women and one infant alighted here, while 76 will fly to Hyderabad," the airline official said. 

The flight was 45 minutes behind schedule to Bengaluru.

The airline staff and the state government officials received the returnees in the arrival terminal and gave them masks to wear and sanitizer to wash hands.

All the passengers would be screened with thermal device to read their body temperature though only asymptomatic were flown back.

After completing formalities, including immigration check and filling the self-declaration form, the returnees were taken in state-run buses in batches for 14-day institutional quarantine in hotels and resorts across the city.

Passengers have to download the mandatory Quarantine app on their mobile phone before leaving the airport for contact tracing later.

Another evacuation flight from Kuala Lampur in Malaysia to Bengaluru has been cancelled due to Amphan cyclone over the Bay of Bengal that hit the Odisha and West Bengal on the east coast.

The service was the fourth to the southern state in the second phase of Vande Bharat Mission, the national carrier and its Express arm are operating to repatriate thousands of Indians, including distressed workers, migrants, students, senior citizens and tourists, stranded overseas since the government suspended international flights on March 23 and enforced an extended lockdown on March 25 to combat Covid-19 spread.

The first flight in the second phase landed on Monday night at Mangaluru on the state's west coast, with 177 passengers from Dubai in the UAE.

The second flight to the southern state from Kuala Lumpur in Malaysia landed here (Bengaluru) on Tuesday evening, with 94 passengers.

The third flight from Muscat in Oman landed here at 6.31 p.m. on Wednesday evening and at Mangaluru on the state's west coast at 8.01 p.m.

The remaining flights to Karnataka will land in Bengaluru and Mangaluru over the next 13 days till June 3 from 12 more destinations the world over.

In the first phase of the mission from May 7-17, the airline and its arm flew 6 flights to the state from May 11-15, bringing in 800 passengers, including 623 to Bengaluru and 177 to Mangaluru from London, Singapore, San Francisco and Dubai.

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