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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coastaldigest.com news network
June 27,2020

Mangaluru, Jun 29: As many as 49 fresh covid-19 cases were reported in Dakshina Kannada district in past 24 hours taking the district’s tally to 568.

At the same time 38 persons were also discharged from the hospital after complete recovery from covid 19.

Out of the 49 positive cases, 14 persons had returned from Saudi Arabia, UAE, and Qatar. 17 persons had contracted the disease from patient number 9590. 3 persons are suffering from an influenza-like illness (ILI), and 4 persons are suffering from Severe Acute Respiratory Infection.

The health officials are tracing the contacts of six others. All the 49 persons have been shifted to hospital for treatment. Most of them are said to be asymptomatic.

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News Network
June 7,2020

Bengaluru, Jun 7: An eminent scientist on Sunday suggested a shift system in schools to prevent spread of the coronavirus and continuing with online classes with focus on project-based learning in a big way to promote creativity.

Former Director General of the Defence Research and Development Organisation (DRDO) V K Saraswat supported the idea of online teaching in the absence of regular classes in view of closure of schools due to the COVID-19 pandemic.

But, he said it should be organised in far better and more interactive ways so that delivery of knowledge can be better. The NITI Aayog member stressed the need for schools to have a strategy when they reopen keeping in mind the safety of students.

May be they will have to organise shifts so that within the same space they can handle the students; May be they will have to employ more teachers, and they can run two shifts. "May be half the strength in a class can come in the morning and others in the afternoon.

Or students of first to sixth standard can come in the morning and seventh to tenth can come in the afternoon, Saraswat told PTI. Reopening strategy will have to be worked out by the education department, added the former Chief Scientific Advisor to the Defence Minister.

Along with normal classes, online education should be continued as a regular system in future, and promoted in a big way because that is the way technology is going to help delivery of knowledge, he added. Saraswat also raised the pitch for reforms in the education sector, saying India is facing the problem of rote learning.

Rote learning has to give way for more project-based teaching, he underlined. Children should be made to work on projects at home and that can be done online. That will also support the changeover from rote learning to creative learning.

I personally believe the education delivery system -- primary, secondary and college levels -- has to be completely changed because creativity in India is less and creativity would come only if we replace rote learning with project-based learning, Saraswat said.

On some academics holding the view that the marks-based model is killing the education system in India as it does not promote creativity, he said evaluation of any outcome is important. Even when we perform in our normal way, evaluation cannot be replaced.

Otherwise, you cant find out how much you have succeeded in delivery. Certainly evaluation cannot be dispensed with. He did not agree with some experts, who favoured a single, uniform system for school education in India by dispensing with CBSE, ICSE and state boards. I am not for normalising everything in life.

I personally believe variety should be there. This concept of one kind of a system is okay for a Communist society, society which was trying to drive everybody like a herd, he said.

Creativity comes with variety, and there is nothing wrong in having different kinds of education system, but one thing which is important is we have to integrate vocational training as part of the education curriculum," Saraswat said. Vocational part cannot be kept away from the education system, he added.

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News Network
February 24,2020

Bengaluru, Feb 24: Fugitive underworld don Ravi Poojary, with more than 90 criminal charges pending against him, was brought to the city in the wee hours of Monday after he was arrested from Senegal in South Africa.

Police said that he was wanted in more than 92 criminal cases. In Bengaluru alone, he was involved in more than 39 cases, including double murder of Ravi and Shobana in 2007, an attempt to murder attack on Mantri developers 2009, extortion and other crimes etc. He had committed crimes in various parts of the state including Myusuru, Hubballi, he had involved in extortion, threatening builders, politicians, etc.

"Though Senegal police had nabbed him about six months back to get him to India it took more than six months since there was no agreement to deport criminals from that state to us. However, now all legal hurdles have been removed and we have succeeded in bringing him", a top police official told media.

A team of Bengaluru Police headed by Additional Director General of Police Amar Kumar Pandey, Joint Police Commissioner Sandeep Patil reached Senegal on Saturday and brought him to the city by Air France flight.

Ravi Poojari was wanted in cases of extortion and murder and was active in the Mumbai underworld. He was part of the underworld don Dawood Ibrahim's gang and later is said to have worked with 'Chota Rajan' for some time. Claiming to be an enemy of Dawood, Poojari reportedly finished off all his associates and anti-India elements in the country. His men were involved in a shootout on the Shabanam Developers office in Bengaluru in which a woman staffer was killed.

He is also said have been involved in the shootout case of Shahid Azmi, an advocate from Mumbai. There are cases against him in Kerala, Gujarat, and Maharashtra.

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