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
February 21,2020

Aurangabad, Feb 21: The All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) will seek an explanation from its leader Waris Pathan over his alleged '15 crore Muslims can be heavy on 100 crore' remark he recently made in Karnataka, a party leader said here on Friday.

Pathan had made the purported remarks while addressing an anti-Citizenship (Amendment) Act (CAA) rally at Kalaburagi in North Karnataka on February 16.

"We have to move together. We have to take Azadi (freedom), things that we don't get by asking, we have to take it by force, remember it...(We maybe) 15 crore, but are heavy on 100 (crore), remember it," Pathan can be heard purportedly saying in a video of his speech that has gone viral.

Talking to reporters here, AIMIM's Maharashtra unit chief and Aurangabad MP Imtiyaz Jaleel said, "Our party does not support the statement made by Waris Pathan. The party will seek an explanation from him over the remarks."

"If needed, we will come out with a set of dos and don'ts for the party workers to be while giving speech," he said.

"BJP leaders Anurag Thakur and Yogi Adityanath had also given some hateful statements, but none questioned them about it," Jaleel added.

On Thursday, a young woman had raised "Pakistan Zindabad" slogan in Bengaluru during a protest against CAA, NRC and NPR, where AIMIM chief Asaduddin Owaisi was also present. Owaisi had denounced her action.

Talking about the incident, Jaleel said, "That event was not organised by the AIMIM. It was organised by JD(S) and leaders of all parties were there. Asaduddin Owaisi stopped the woman and also condemned her act. But it is being projected that it was AIMIM's stage."

Meanwhile, the BJP and the Raj Thackeray-led Maharashtra Navnirman Sena (MNS) held protests in Aurangabad against Pathan, seeking stern action against him.

The BJP protested in Gulmandi area and burnt an effigy of Pathan.

"Waris Pathan has hurt the feelings of 100 crore people. He has tried to divide the people of the country. The state government should take action against him and send him out of Mumbai," BJP MLA Atul Save said.

The MNS took out a symbolic funeral procession of Pathan and raised slogans against the AIMIM.

"The language of Waris Pathan was disgusting. He should be banned from giving public speeches in the state and also be arrested," MNS lader Prakash Mahajan said.

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News Network
January 18,2020

New Delhi, Jan 18: Lieutenant Governor (LG) Anil Baijal has granted the power of detaining authority to the Delhi Police Commissioner under the National Security Act (NSA), according to a notification. The NSA allows preventive detention of an individual for months if the authorities feel that the individual is a threat to the national security, and law and order, sources said.

In exercise of the powers conferred by sub-section (3) of section 3, read with clause (c) of Section 2 of the National Security Act, 1980, the Lt Governor is pleased to direct that during the period January 19 to April 18, the Delhi Police Commissioner may also exercise the powers of detaining authority under sub-section (2) of the section 3 of the aforesaid Act, the notification stated.

The notification has been issued on January 10 following the approval of the LG.

It comes at a time when the national capital has been witnessing a number of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

However, the Delhi Police said it is a routine order that has been issued in every quarter and has nothing to do with the current situation.

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coastaldigest.com news network
June 13,2020

Mangaluru, June 13:  The Central Crime Branch of Bengaluru City Police, which is digging up old cases involving underworld gangster Ravi Pujari, has now launched a fresh probe into the murder of human rights lawyer Naushad Kashimji.

Kashimji was gunned down on April 9, 2009 at the basement of his apartment in Falnir in Mangaluru. Ravi Pujari had allegedly ordered the hit. 

As part of investigation, a team from Benglauru CCB has come to Mangaluru. CCB sleuths, who obtained Pujari’s police custody in connection with this case, are tying up the loose ends pertaining to the murder of Kashimji who was representing D-Company hitman Abdul Rashid Hassan Malbari aka Malbari. 

Pujari was said to be unhappy over Kashimji representing Malbari. Pujari had also allegedly issued life threats, directing him to desist from doing so.

Kashimji had reportedly received more than 10 international threat calls from March 30 to April 9 (the day he was murdered). According to a senior police officer, the advocate had not informed the police or his then senior Purushottam Poojary about receiving the threat calls. “This came to light when police went through his call records later,” the officer explained.

“CCB team is primarily focusing on Pujari’s role in the advocate’s sensational murder,” a senior CCB officer handling the investigating said. 

“We have also lined up other cases in which Pujari is allegedly involved, but had filed the chargesheet against him in absentia as he was then a fugitive,” the officer added. The team is now picking up threads of Pujari’s involvement cases in Dakshina Kannada, Udupi and Chikkamagaluru districts.

Pujari, currently in police custody in Bengaluru, is accused in more than 30 cases reported in Mangaluru from 2007 to 2018. Majority of the cases against Pujari pertain to extortion and extending death threats, one relating to murder, three to shootings/ abduction and one where he supplied money to his henchmen in prison. Police have filed ‘C’ report in 17 out of 28 threat call cases and ‘B’ report in one case. Rest are in different stages of trial.

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