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
July 26,2020

Mangaluru, Jul 26: Rubbishing reports about cancellation of institutional quarantine for international passengers in Mangaluru, local health authorities have clarified that 14 day isolation including first seven day institutional quarantine must for international passengers. 

For past couple of days rumours were doing rounds on social media that the government has done away with quarantine for international passengers. A few Mangaluru-based news portals also had published it as news without quoting any reliable sources. 

Meanwhile, district health officer in his clarification message said that neither Karnataka government nor Dakshina Kannada district administrant has revised the quarantine norms for international passengers. 

“Those who arrive from overseas must remain in isolation for 14 days. Out of this, seven days have to be spent in institutional quarantine (in hotel or lodge). During this period, the throat swab sample of the person will be sent for covid-19 testing. If the report is negative, then they will be sent to home quarantine for another seven days."

He said that concession in terms of number of days has only been given for people with other health conditions, children and the elderly. "For children below 10 years, pregnant women, elderly above the age of 60 years and other with other ailments, the throat swab will be collected on the second day of institutional quarantine. If the report turns negative, they will be sent to home quarantine for 14 days."

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July 22,2020

Bengaluru, Jul 22: On Wednesday morning starlet and Bigg Boss 3 contestant Jayashree Ramaiah sent social media into a tizzy with an update that read, “I quit. Goodbye to this f*****g world and depression.” Friends and acquaintances immediately began reaching out to the actor asking her to return their concerned calls and desist from taking any extreme steps.

“Jayashree has been battling depression for a while now. She had family issues and was also concerned about the lack of work,” shares actor Ashvithi Shetty. The Ramachari twins were in touch with Jayashree since they met at a celebrity cricket match four years ago. “She has shared several times about how low she’s been and I would try to cheer her up. But the problem was that she’d keep changing her phone number so often that it became difficult to keep track of how she was doing,” states Ashvithi.

Around four months ago, Jayashree moved into her own home and mentioned to her that she was happy with this new development in her life. “But she went retreated again and a few days ago, I messaged her on social media and she said she was doing fine. So I was shocked to see this update on Wednesday morning,” avers the actor. Repeated calls finally elicited a message from Jayashree that she was getting admitted to the hospital. “But I also got contradictory information that she had been discharged and had been taken to the hospital again but she was refusing to go inside. I am awaiting more clarity on the issue,” sums up Ashvithi.

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News Network
February 6,2020

Mangalore, Feb 6: The first Rashtriya Lok Adalat of 2020 will get started from Feb 8, A district judge has announced, adding that it is being organised by Karnataka Law Services Authority and Dakshina Kannada Law Services Authority.

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Familial, civil and revenue cases of cheque dishonour, financial extortion, cases related to telephone, electricity, water, land encroachment and acquisition, motor vehicle cases, labour issues and maintenance expenses will be decided in the Lok Adalat.

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