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
March 5,2020

Bengaluru, Mar 5: The Karnataka government has advised city-based companies to allow their employees to work from home if they have flu-like symptoms.

"Those employees having flu like symptoms may be allowed to work from home with advice of standard hand hygiene and cough etiquette," the Health Department said in its advisory.

The advisory asked people to avoid non-essential travel to COVID-19 affected countries and refrain from travel to China, Iran, Republic of Korea, Italy and Japan.

"Employees other than those restricted countries arriving directly or indirectly from China, South Korea, Japan, Iran, Italy, Hong Kong, Maccau, Veitnam, Malaysia, Indonesia, Nepal, Thailand, Singapore, Taiwan, the UAE and Qatar must undergo medical screening at airport entry," the advisory read.

The government advisory also mandated employees arriving through all international flights entering lndia from any port to furnish duly filled self-declaration form, including personal particulars - phone numbers and address in India, and travel history to health officials and immigration officials.

It also appealed to promote regular and thorough hand washing at work places and keeping sanitising hand rub dispensers (alcohol-based) in prominent places and provide access to places where staff can wash their hands with soap and water.

Companies have been asked to promote good respiratory hygiene and ensure the availability of surgical masks and paper tissues at workplaces only for those who develop a running nose or cough at work along with closed bins for their hygienic disposal.

Meanwhile, the Bruhat Bengaluru Mahanagara Palike Commissioner B H Anil Kumar chaired a meeting on Wednesday regarding the preparedness to deal with coronavirus.

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News Network
April 13,2020

Bengaluru, Apr 13: Karnataka Chief Minister BS Yediyurappa today held a review meeting with his cabinet colleagues and senior officials regarding prevailing coronavirus situation and several other important issues in the state.

Chief Secretary TM Vijay Bhaskar was also present at the meeting. The possible situation once the COVID-19 lockdown is lifted was discussed along with the financial status of the state government and how to mobilise additional resources, sources said.

The Chief Minister also appealed to sugar factory owners to clear the pending payment to the tune of Rs 2834 crore to farmers in 11 districts. He also said that the government has released Rs 45 crore compensation to farmers for loss of paddy crop in Raichur and Koppal District due to hailstorm based on a report submitted by District Collectors.

Amid the lockdown distribution of free milk to the poor will also be continued for one more week, sources added.

The meeting also decided to speed up disposal of cases related to the regularisation of unauthorised constructions which are pending before the High Court and Supreme Court.

In addition to this, the government is planning to auction more than 12,000 corner sites lying idle in Bengaluru. An amendment to the law governing permission to allow sites in private and co-operative housing societies will be made. Hundreds of societies are waiting for approval from the government for releasing the sites, sources said.

It was also decided to utilise Rs 1,000 crore available at Rajiv Gandhi Health University to upgrade medical college hospitals.

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News Network
April 20,2020

Bengaluru, Apr 20: Karnataka Chief Minister BS Yediyurappa on Monday came down heavily on Congress legislator BZ Zameer Ahmed Khan over the Padarayanapura vandalism that saw a mob run amok against efforts to quarantine suspected COVID-19 persons late on Sunday evening. 

Khan, who represents the Chamarajpet constituency where Padarayanapura is located, said that authorities should have gone to the area during day time.

“Who is he to say that? What does he have to do with this? Why should we ask him? Should we get his permission to carry out government work? Instead of saying that action should be taken, he is speaking like this. Should we then think that he incited the mob? This is the height of being irresponsible,” Yediyurappa said. 

Following the violence, the police have arrested 54 persons and “five more will be arrested,” Yediyurappa said.

Khan clarified that he did not defend those who indulged in vandalism. “I condemn the incident and action should be taken. I’m not saying officials shouldn’t have gone. My point is that they should’ve gone during the day and by creating awareness beforehand that people need to be quarantined,” he said, adding that the BBMP had identified 57 people to be quarantined in Padarayanapura. 

“People in this area are poor, uneducated and are mostly coolie workers and daily wagers. But whatever happened was wrong,” Khan said. He also pointed out that he was the one who arranged for 80 people to be quarantined in Tipu Nagar. 

Yediyurappa said the Padarayanapura incident was unprecedented. “In the entire state, never had such incidents taken place. Everybody agrees this is unacceptable,” the CM said. “Whoever breaks the law - Hindu, Muslim, Christian or anyone - should face action,” he said.

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