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 10,2020

Bengaluru, Mar 10: With concerns growing by the day, the Karnataka government is readying three more labs to test throat swab samples.

Currently, only two labs in Bengaluru — National Institute of Virology and Virus Research and Diagnostics Laboratory (VRDL) lab attached to Bangalore Medical College and Research Institute — are categorised biosafety level 2+, a requirement for coronavirus tests.

Now, the government is working on upgrading three more labs, one each in the government medical colleges at Hassan, Mysuru and Shivamogga. “The labs will be ready within one week,” the authorities said.

Currently, the labs are testing only throat swab samples of suspected patients and taking 24 hours to give the results. “A patient’s blood sample will be collected only if he or she tests positive for covid-19 infection in the first throat swab sample.

While earlier the state would send all samples of suspected coronavirus cases to NIV, Pune, the two labs were upgraded to biosafety level 2+ in mid-February.

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News Network
January 4,2020

Puttur, Jan 4: As many as 27 passengers travelling in a private bus escaped with minor injuries after it toppled and fell into a roadside trench at Amai near Perne on Mangaluru-Bengaluru national highway last night, police said on Saturday.

Police said that the driver of the Bengaluru-bond bus lost control over the vehicle while traversing through the narrow bridge at Amai.

The bus was damaged in the mishap.

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SAYED HUSAIN
 - 
Sunday, 5 Jan 2020

this is one of the important case that now seen to be increasing these days.  and one of the most problem that is faced and had has to be found a solution is overspeeding by bus driving which have resulted in enomours numbers of accidents with negligence of passengers lifes inside the bus.  passengers safety and lifes are not given value anymore. and another important factor is overspeeding in humps  which have resulted in backbone injuries in high number of passengers

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News Network
August 4,2020

Bengaluru, Aug 4: Police barricades, yellow banners, walls with a fresh coat of paint and the sounds of bhajan mark parts of Ayodhya as the city awaits its big day Wednesday, when the first brick will be laid for the Ram temple.

Ayodhya is decked up for the bhoomi pujan that will be attended at the Ram Janmabhoomi by 175 people, who figure in a select guest list of seers and politicians topped by Prime Minister Narendra Modi.

Concerned over the spread of coronavirus, the authorities are encouraging others not to come to the temple town, asking them to mark the occasion by celebrating at their homes. The groundbreaking ceremony will be telecast live.

Roads leading to Ayodhya display hoardings with the picture of the proposed Ram temple and of Ram Lalla, the infant Ram, the deity now housed in a makeshift temple.

Around the town’s Hanumangarhi area – named after a well-known temple which Modi will visit on Wednesday – both police sirens and ‘bhajans’ in praise of Ram are heard.

Most of the shops in the locality wear a new look, with their fronts painted in bright yellow. A large number of policemen were deployed there on Tuesday. Some sat in the sweet shops, waiting for their next instructions.

Roads leading into the area are barricaded. Yards of yellow cloth and marigold garlands were being hung on poles.

Even on the day before the event, security checks on vehicles heading to Ayodhya begin from adjoining Barabanki district itself on the Lucknow-Ayodhya road. Policemen take down details, including mobile numbers of the travellers.

Senior Superintendent of Police Deepak Kumar said the focus of the force is on maintaining the Covid-19 protocol.

“So we are not going to allow any outsider to enter Ayodhya city,” he said. Prohibitory orders are also in force and not more than four people will be allowed to gather.

“The markets and shops will remain open but with strict adherence to the Covid protocol,” he said. Outsiders will be stopped from entering the city, but Ayodhya residents will be allowed in if they produce any identification document.

“We are also carrying out random checks on people living in Ayodhya to ensure that no outsiders are staying here,” he said.

The city’s temples and mosques will remain open, but no other religious event – except for the bhoomi pujan – will take place on Wednesday.

Pickets have been set up at sensitive points in the city.

Sub-inspector Ram Chandra Yadav and constables Avnish Kumar and Ankit Chaudhary man the Terhi Bazar Chauraha picket near the Ram Janmabhoomi site.

"We are here for the past some days, and were on duty on the Rakshabandhan day. Duty comes first and only after that come other things in life, like festivals," Yadav said.

Mayank Gupta, who runs a restaurant, was handing out food packets to policemen, his customers.

"For the last two months, I have been providing tiffin to them twice a day. There are around 100 policemen to whom I supply tiffin," Gupta said.

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