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
April 10,2020

Bengaluru, Apr 10: A Karnataka BJP MP's daughter who recovered from COVID-19 has said she did yoga and ''pranayama'' while in hospital quarantine and these were key to defeating the pandemic.

"I was there in the hospital for 14 days. I used to do Yoga and Pranayama. It helps a lot. Everyone should start doing it now," said Ashwini GS, daughter of Davangere MP GM Siddeshwara.

In a video message that went viral on Thursday, she said coronavirus was "not something to be feared and yoga, pranayama and a strong mental state are the key to defeat the pandemic."

Ms Ashwini tested positive for COVID-19 after she had returned from Guyana last month. She was admitted to the SS Hospital in Davangere where she was quarantined for 14 days.

"Throughout my stay in the hospital I did not have any symptom of coronavirus. I neither sneezed, nor coughed or had a running nose. There was no fever either," Ms Ashwini said.

However, she kept herself physically and mentally fit.

"Maintain social distancing, be aware of dos and don'ts and stay safe," the MP's daughter said.

The AYUSH Ministry's protocol has outlined measures to build a strong immune system and it included consuming warm water, practising yogasana, pranayama and meditation for 30 minutes every day.

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News Network
June 21,2020

Mangaluru, June 21: A local court has held notorious serial killer Cyanide Mohan Kumar guilty in the murder of a 25-year-old woman from Kasargod. This is the 20th and the last case of Cyanide Mohan to be tried in the sixth additional district and sessions court. 

According to public prosecutor Jayarama Shetty, the victim was working as a cook in a ladies hostel and got in touch with Mohan Kumar, a teacher. He visited her house thrice and promised to marry her. On July 8, 2009, on the pretext of visiting a temple in Sullia, she left home, never to return. 

They had travelled to Bengaluru and three days later, when her family tried to reach her on phone, he told them that she had gone for a bath and that they were married and would be returning back home soon.

The next day Ramakrishna, a constable from Upparpete police station, found a lady lying unconscious outside the bathroom and he immediately rushed her to a local hospital, where she was declared dead on arrival. Like in all other cases, after staying in a lodge and having sex with the victim, he took her to the KSRTC bus stand and asked her to consume a cyanide laced tablet, stating it was a contraceptive pill. 

He asked her to leave behind the jewellery that she was wearing at the hotel room. An unnatural death report was registered and since none of her relatives had turned up for identification of the body, on July 15,2009 the body was buried.

The moment the Dakshina Kannada district police arrested the serial killer on October 21, 2009 and his pictures were all over the media, the family recognised him and the victim’s younger sister filed a missing complaint. The police had also recovered the victim’s jewellery from the house of Mohan’s second wife and the jeweller from whom he had purchased cyanide had also identified him. Meanwhile, the CID had taken over the case and a charge sheet was filed.

"The report from the Forensic Science Laboratory is crucial in this case as cyanide was found in the victim’s viscera. Mohan over the years has become a legal expert and in this case, he had sought two adjournments," said Jayaram Shetty. Mohan is currently lodged in the Hindalga central jail.
 

Comments

AJIT KUMAR
 - 
Sunday, 21 Jun 2020

shame to keep this man  alive for so many criminal cases, shoot him or hang him immideatly

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News Network
February 12,2020

New Delhi, Feb 12: The Centre on Wednesday said the NRC data in Assam is safe even though some technical issues were visible and that will be resolved soon.

The Union Home Ministry clarification came in view of reports that data of the final list of the National Register of Citizens has been made offline from its official website.

"The NRC data is safe. Some technical issues are in visibility on cloud. These are being resolved soon," a home ministry spokesperson said.

The data was not available for a couple of days and it created panic in the public, mostly among the people excluded from the list as the rejection certificates were yet to be issued.

NRC State Coordinator Hitesh Dev Sarma accepted that the data has been made offline, but refuted the allegation of any "malafide" intent in it.

The cloud service for the huge set of data was provided by IT firm Wipro and their contract was till October 19 last year. However, this was not renewed by the previous coordinator.

So, the data got offline from December 15 after it was suspended by Wipro, Sarma said.

He said the state coordination committee had decided to do necessary formalities in its meeting on January 30 and wrote to the Wipro during the first week of February.

"Once Wipro makes the data live, it will be available for public. We hope people will be able to access it in the next 2-3 days," Sarma said.

The complete detail of exclusion and inclusion of bonafide Indian citizens in the NRC was uploaded on its official website http://www.nrcassam.nic.in after the final list was published on August 31, 2019.

The final NRC was published by excluding 19,06,657 persons. A total of 3,11,21,004 names were included out of 3,30,27,661 applicants.

After the earlier NRC State Coordinator Prateek Hajela relinquished the charge on November 11 following his transfer to home state Madhya Pradesh on a direction from the Supreme Court, Sarma was appointed in his place on November 9.

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