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
May 18,2020

Mangaluru: As many as 178 passengers arrived in the coastal city from Dubai as the second flight under the Vande Bharat Mission landed at the Mangaluru International Airport (MIA) at 7.55am on Monday.

Among 178 passengers, there were 99 male, 67 female, 11 children and one infant.

Dakshina Kannada deputy commissioner Sindhu B Rupesh said that all the necessary arrangements had been made to ensure that the passengers were not inconvenienced in any way. 

“All of them have been provided with health kits, sufficient food, sim cards, etc. We have also set up facilities at the airport where they can exchange foreign currency. The emigration process was conducted only after each passenger was subjected to screening by health department personnel at the airport. We will have their throat swabs tested for Covid-19 on Tuesday,” Sindhu said.

Personnel attired in personal protective equipment gear shifted the passengers’ luggage, while buses had been arranged for transporting them to quarantine facilities, Sindhu added.

Probationary IAS officer Rahul Shinde, additional deputy commissioner MJ Roopa, district health officer Dr Ramachandra Bairy and MIA director VV Rao were among those who received the returning Indians along with the DC at the airport.

Public, including friends and relatives of the passengers, were barred entry to the airport.

Rooms in as many as 10 hotels have been reserved to quarantine passengers flying in to Mangaluru from the Gulf. The rooms are priced between Rs 1,000 and Rs 5,400. Meanwhile, those unable to afford rent will be accommodated at government hostels.

 

Mangaluru, May 18: The second repatriation flight to the coastal Karnataka from Dubai landed at Mangaluru International Airport at 7.45 pm. today.Mangaluru: As many as 178 passengers arrived in the coastal city from Dubai as the second flight under the Vande Bharat Mission landed at the Mangaluru International Airport (MIA) at 7.55am on Monday.

 

Dakshina Kannada deputy commissioner Sindhu B Rupesh said that all the necessary arrangements had been made to ensure that the passengers were not inconvenienced in any way.

 

“All of them have been provided with health kits, sufficient food, sim cards, etc. We have also set up facilities at the airport where they can exchange foreign currency. The emigration process was conducted only after each passenger was subjected to screening by health department personnel at the airport. We will have their throat swabs tested for Covid-19 on Tuesday,” Sindhu said.

 

Personnel attired in personal protective equipment gear shifted the passengers’ luggage, while buses had been arranged for transporting them to quarantine facilities, Sindhu added.

 

Probationary IAS officer Rahul Shinde, additional deputy commissioner MJ Roopa, district health officer Dr Ramachandra Bairy and MIA director VV Rao were among those who received the returning Indians along with the DC at the airport.

 

Public, including friends and relatives of the passengers, were barred entry to the airport.

 

Rooms in as many as 10 hotels have been reserved to quarantine passengers flying in to Mangaluru from the Gulf. The rooms are priced between Rs 1,000 and Rs 5,400. Meanwhile, those unable to afford rent will be accommodated at government hostels.

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News Network
March 16,2020

New Delhi, Mar 16: Due to the coronavirus pandemic, most airlines in the world will be bankrupt by the end of May and only a coordinated government and industry action right now can avoid the catastrophe, said global aviation consultancy firm CAPA in a note on Monday.

"As the impact of the coronavirus and multiple government travel reactions sweep through our world, many airlines have probably already been driven into technical bankruptcy, or are at least substantially in breach of debt covenants," it stated.

Across the world, airlines have announced drastic reduction in their operations in the wake of the coronavirus outbreak. For example, Atlanta-based Delta Air Lines stated on Sunday that it would be grounding 300 aircraft in its fleet and reduce flights by 40 per cent.

The US has suspended all tourist visas for people belonging to the European Union, the UK and Ireland. Similarly, the Indian government has suspended all tourist visas and e-visas granted on or before March 11.

CAPA, in its note on Monday, said, "By the end of May-2020, most airlines in the world will be bankrupt. Coordinated government and industry action is needed - now - if catastrophe is to be avoided."

Cash reserves are running down quickly as fleets are grounded and "what flights there are operate much less than half full", it added.

"Forward bookings are far outweighed by cancellations and each time there is a new government recommendation it is to discourage flying. Demand is drying up in ways that are completely unprecedented. Normality is not yet on the horizon," it said.

India's largest airline IndiGo -- which has around 260 planes in its fleet -- said on Thursday that it has seen a decline of 15-20 per cent in daily bookings in the last few days.

The low-cost carrier had stated that it expects its quarterly earnings to be materially impacted due to such decline.

CAPA said the failure to coordinate the future will result in protectionism and much less competition.

"The alternative does not bear thinking about. An unstructured and nationalistic outcome will not be survival of the fittest.

"It will mostly consist of airlines that are the biggest and the best-supported by their governments. The system will reek of nationalism. And it will not serve the needs of the 21st century world. That is not a prospect that any responsible government should be prepared to contemplate," the consultancy firm said.

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coastaldigest.com news network
August 3,2020

Koppal, Aug 3: The activists of Popular Front of India (PFI) have won the heart of the people by performing the last rites of a local leader of Bharatiya Janata Party in Koppla district of Karnataka. 

Somashekhara Gowda, a senior BJP leader in Koppal’s Gangavathi died of covid-19. His family members were reportedly quarantined. His own party activists also were not ready to participate in the last rite due to the fear of coronavirus infection.

Following requests, a team of PFI comprised of district secretary Fayaz, and members Yaseen, Abdul Aalam, Shamid Razi and Husain Azarauddin performed the last rites as per Veerashaiva Lingayat traditions. 

Speaking to media persons PFI district president Zaheer Abbas lamented that people still have plenty of misconceptions about covid-19. “Due to the misconceptions, performing the last rites of those who die of covid-19 has become a challenge,” he said.

He said that PFI activists followed all the health guidelines and took necessary precautions while performing the last rites. “Under the guidance of district health officials and with the consent of the family members of the deceased, the last rites were performed as per Veerashaiva Lingayat traditions,” he said.

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