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 29,2020

Feb 29: The "Dadi of Shaheenbagh" on Friday said that Prime Minister Narendra Modi does not understand the pain of losing children, as speakers at an anti-CAA rally here called on protesters to maintain peace and not give in to any provocation.

Tushar Gandhi, the great-grandson of Mahatma Gandhi, said that the battle is not for a day or two, but the protesters will have to be prepared to continue it for years to come.

Asma Khatoon, who has earned fame as the "Dadi of Shaheenbagh" in Delhi, asked how can a person take care of the whole country when he cannot maintain his own family.

"He would have realised how it feels to lose a child if he had his own children," she told a gathering at the Park Circus Maidan, which is being termed as the Shaheenbagh of Kolkata with women holding a sit-in for the last 53 days to protest the Citizenship (Amendment) Act, proposed nationwide NRC, and the NPR.

The death toll Delhi's communal violence has gone up to 42.

She said it is not biryani that has attracted women to the protest at Shaheen bagh while holding that such vilification campaigns will have no effect on the agitation.

State BJP president Dilip Ghosh has claimed that "uneducated men and women" are protesting at Delhi's Shaheen Bagh and Kolkata's Park Circus as they get money and biryani purchased with foreign funds.

"Home Minister Amit Shah has called 20 protesters to meet him, but I want to tell him that we are one lakh and I want him to mention the place where he wants us to go for the meeting," she said.

Tushar Gandhi said, "People should stay united and not give in to any provocation," he said.

Gandhi said that the people of West Bengal are lucky to have Mamata Banerjee as their chief minister.

"They will try to break her also and it is necessary that you continue to give her support," he said.

Gandhi claimed that no one can harm a country where its mothers and sisters come out to save it.

He claimed that the CAA is not about Hindus or Muslims, but will really affect the poor people, who will be made to run around to get their papers instead of earning for their basic and daily needs.

"It's a dichotomous government that we have at the Centre. On the one hand, they want us to provide documents to prove our citizenship, while on the other they refuse to accept the papers that one produces before it for the purpose," he said.

He claimed that the government is forcing its people to resort to lies and declare that they are political refugees from countries like Bangladesh and Pakistan.

Gandhi claimed that time and again documents with the government like electoral rolls and land documents have been used to identify people of certain communities during riots.

"So it is dangerous to give too much information to the government," he said.

He called on the people to have faith in non-violence and asked them to maintain peace and harmony.

B R Ambedkar's great-grandson Rajratna Ambedkar claimed that it is the Adivasis who will also be affected by the CAA.

"I want to tell Modi and Shah that the country runs on the Constitution by Ambedkar and not M S Golwalkar (of RSS)," he said, adding that because of the rights conferred on people by the Constitution, those backward people who did not have the right to sit on a bullock cart are now flying jet planes.

He said that Modi and Shah committed an error by enacting the CAA as it has turned the people of the country into Indians only, instead of Hindus, Muslims, Christians or Sikhs.

"Every machinery of the country has been taken control of by the RSS. If one Modi or one Shah goes, they will bring in several more Modi or Shah," he said.

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coastaldigest.com news network
February 21,2020

Mangaluru, Feb 21: The local units of Vishva Hindu Parishad and Bajrang Dal today staged a protest in the city against Amulya Leona, who raised pro-Pakistan slogans yesterday in Bangaluru.

Amulya is the daughter of Wazi Noronha, a former leader of minority of wing of BJP in Koppa taluk of Chikkamagaluru district. He had worked in support of hardline BJP leader and Udupi-Chickmagaluru MP Shobha Karandlaje, and D N Jeevaraj, who had represented Sringeri constituency last time.

The 19-year-old B.A. student was arrested on sedition charge after she raised pro-Pakistan slogans to embarrass the organisers of a peaceful protest against the Citizenship (Amendment) Act in Bengaluru.

Demanding stringent action against Amulya, a group of activist of VHP and Bajrang Dal staged protest at Kadri Mallikatte Circle in the city. Speaking on the occasion, M B Puranik and Sharan Pumpwell demanded NIA probe into the incident.

Also Read: Amulya Leona — a Naxal or Sangh Parivar stooge?

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News Network
April 14,2020

Bengaluru, Apr 14: Former Karnataka Chief Minister Siddaramaiah on Tuesday demanded that BS Yediyurappa-led government should cut down on 'unnecessary' expenditures to mobilise funds to fight against coronavirus.

"Yediyurappa government needs to cut down on unwanted expenses which government is spending on several things in order to save the taxpayers money to fight against coronavirus," said Siddaramaiah here in a press conference.

He alleged that the ruling state government is indulged in corruption due to which the government is running bankrupt, adding that instead of mobilising funds, Yediyurappa government is only concentrating on auction of Bangalore Development Authority (BDA) sites.
Siddaramaiah claimed that the "BDA was already in loss".

"The present government does not have money due to its involvement in corruption. The Karnataka government must concentrate on cutting expenses and there is no need to waste money on unwanted things including vehicles for board and corporations chiefs," said the Congress Legislature Party (CLP) leader.

"Yediyurappa government has decided to auction more than 12,000 BDA sites to get benefit of Rs 15,000 crore, rather than fullfiling requirements of people of the state at the time of coronavirus crisis," he said.

In Karnataka, 247 people have tested positive for coronavirus, including 59 cured and discharged and 6 deaths, according to the Union Health Ministry.

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