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 13,2020

New Delhi, Jan 13: Walmart, the world’s largest retailer, has fired around 50 of its India executives as part of its restructuring in the country, three sources with direct knowledge said.

The move underscores the struggles Walmart has faced in expanding its wholesale business in India. The Bentonville, Arkansas based company currently operates 28 wholesale stores where it sells goods to small shopkeepers, and not to retail consumers.

The firings mostly affected executives in the company’s real estate division because the growth in the wholesale model has not been that robust, two of the sources said.

“It’s happening because focus is shifting to e-commerce rather than physical (stores),” said one source, who declined to be identified as the decision is not public.

Walmart did not respond to a request for comment.

Walmart has placed bold bets on India’s e-commerce sector. In 2018, it paid $16 billion to acquire a majority stake in India’s online marketplace Flipkart, in its biggest global acquisition.

The second source added that while Walmart could slow down the pace of opening new wholesale stores, the focus will increasingly be on boosting sales through business-to-business and retail e-commerce.

Some of the executives were sacked last week and more could be let go on Monday, two sources said.

In a statement to India’s Economic Times newspaper, which first reported the news, Walmart said it was always looking for ways to operate more effectively and that “this requires us to review our corporate structure to ensure that we are organized in the right way to best meet the needs of our members.”

Walmart has around 600 staff in its India head office out of a total of around 5,300 nationally, one of the sources said.

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News Network
July 29,2020

Bengaluru, Jul 29: Karnataka Congress President DK Shivakumar on Tuesday criticised BJP-led Karnataka government for limiting or omitting various topics including chapters on 18th century Mysore ruler Tipu Sultan and his father Hyder Ali.

Speaking to media here at Karnataka Pradesh Congress Committee (KPCC) office, Shivakumar said Congress will not allow BJP government in Karnataka to "divert history".

"Tipu Sultan does not belong to one caste or a class. He is part of the history of this country. BJP government has removed chapters related to him for its political advantage. It is their decision whether they celebrate Tipu Sultan Jayanti or not, but he is part of our history. 

The President of this country Ramnath Kovind came to the Vidhan Sabha and praised Tipu's patriotism during a joint session," Shivakumar said.

"The BJP government has come to power today. Our history should not change. We will not let these people to covert or dilute history. This is the stand of the Congress party. Our experts will study the pros and cons of this decision," he added.

Shivakumar further said many countries around the world have praised the Constitution, Indian history and expressed their willingness to "adapt it".

"But the BJP is trying to curtail this. We need to educate our children. Our team will also study this and we will not let this happen," he said.
The Karnataka government, in a bid to reduce the syllabus for state board schools by 30 per cent, has limited or omitted various topics including chapters on Mysuru rulers Hyder Ali and Tipu Sultan from the class 7 social science textbook.

The reduction in syllabus comes as schools are closed to prevent the spread of coronavirus in the state, and classes have been moved online.
The Department of Public Instruction of the Karnataka government also limited or removed various other topics from the syllabus of class 6 to 10 as they were repeated or can be alternatively taught.

Earlier, the Central Board of Secondary Education (CBSE) had revised the syllabus for the classes IX to XII for the academic session 2020-21 in a "one-time measure" owing to the COVID-19 pandemic.

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News Network
June 5,2020

Bengaluru, Jun 5: With the easing of COVID-19 lockdown norms under unlock 1.0, the Karnataka government on Thursday permitted state transport buses to operate even during the night curfew hours 9 pm to5 am.

Autos, taxis and cabs have also been given permission to operate during these hours for picking commuting passengers from pickup points or bus stands.

Chief Secretary T M Vijay Bhaskar in an order said, state transport corporations (BMTC, KSRTC, NEKRTC and NWKRTC) buses have been allowed to operate during night curfew hours from 9 pm to 5 am.

On the basis of their bus tickets, passengers would be allowed to commute to bus stand or from there to home, in accordance with the COVID-19 control measures, SOPs and other guidelines, it said.

Further, during the curfew hours autos, taxis and cabs have been given permission to pick commuters from pickup points or bus stands, it added.

Earlier, the government had revised the night curfew time from the previous 7 pm-7 am to 9 pm-5 am, and said the movement of individuals shall remain strictly prohibited between 9 pm and 5 am throughout the state, except for essential activities.

The government has also said that jungle lodges and resorts, also private organisations providing similar facilities, along with activities they provide like safari, trekking among others would be permitted from June 8, in compliance with the guidelines and SOP issued and following the social distancing norms.  

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