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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Agencies
July 13,2020

Bengaluru, July 13: The Karnataka government today announced the cancellation of I PUC supplementary examinations across the state. 

Primary and Secondary Education minister S Suresh Kumar announced that the government took the decision in the wake of rising cases of Covid-19 and re-introduction of the lockdown. According to sources in the education department, as many as 60,000 students were supposed to appear for the examination.

Previously, the state government had decided to hold these exams at the college level in every district and publish the results by 30 July. However, the government has withdrawn even that arrangement and completely cancelled the exams. 

According to the minister, all the students who failed in the I PUC examination, shall also be promoted to II PUC. "The students who have attended all the subjects but unable to pass the exams will also be promoted to the next class," Suresh Kumar said.

However, those who missed out on the exams due to health reasons or failed in the examinations will be given a small test at the time of commencing classes for II PUC to assess their learning ability at the college level, according to the minister. "Only those students who missed out on the examination due to shortage of attendance will not be promoted to the next class," Suresh Kumar clarified.

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News Network
February 6,2020

Washington, Feb 6: U.S. president Donald Trump drew on staunch Republican support to defeat the gravest threat yet to his three-year-old presidency on Wednesday, winning acquittal in the Senate on impeachment charges of abuse of power and obstruction of Congress.

Only the third U.S. leader ever placed on trial, Trump readily defeated the Democratic-led effort to expel him from office for having illicitly sought help from Ukraine to bolster his 2020 re-election effort.

Trump immediately claimed "victory" while the White House declared it a full "exoneration" for the president -- even as Democrats rejected the acquittal as the "valueless" outcome of an unfair trial.

Despite being confronted with strong evidence, Republicans stayed loyal and mustered a majority of votes to clear the president of both charges -- by 52 to 48 on abuse of power and 53 to 47 on obstruction of Congress -- falling far short of the two-thirds supermajority required for conviction.

"Two thirds of the senators present not having found him guilty of the charges contained therein, it is therefore ordered and adjudged that the said Donald John Trump be, and he is hereby, acquitted," said Supreme Court chief justice John Roberts, who presided over the trial.

The months-long impeachment of the 45th US leader shone a harsh light on America's political divide, with Trump's core support base united behind him in rejecting it as a "hoax."

One Republican, senator Mitt Romney, a longtime Trump foe, risked White House wrath to vote alongside Democrats on the first count, saying Trump was "guilty of an appalling abuse of public trust." He voted not guilty on the second charge.

But the verdict was never truly in question since the House of Representatives formally impeached Trump in December, and has now cleared out a major hurdle for the president to fully plunge into his campaign for re-election in November.

Trump to speak Thursday

Responding to the verdict, Trump announced he would deliver a formal statement Thursday from the White House "to discuss our Country's VICTORY on the Impeachment Hoax!"

Shortly before, the president tweeted a montage depicting a fake cover of Time magazine declaring him president for all eternity.

The White House declared that Trump had obtained "full vindication and exoneration."

But Nancy Pelosi, the House Speaker and top Democrat in Congress, said that by clearing Trump, the Republicans had "normalized lawlessness."

"There can be no acquittal without a trial, and there is no trial without witnesses, documents and evidence," she said.

"Sadly, because of the Republican Senate's betrayal of the Constitution, the president remains an ongoing threat to American democracy, with his insistence that he is above the law and that he can corrupt the elections if he wants to."

Senate minority leader Chuck Schumer said the acquittal was "virtually valueless" since Republicans refused witnesses at his trial.

'Forever impeached'

The Democrats' intense 78-day House investigation faced public doubts and high-pressure stonewalling from the White House.

Concerned about the political risk for the party, Pelosi rejected a call early last year to impeach Trump on evidence compiled by then-special counsel Robert Mueller that he had obstructed the Russia election meddling investigation.

But her concerns melted after new allegations surfaced in August that Trump had pressured Ukraine for help for his 2020 campaign.

Though doubtful from the outset that they would win support from Republicans, an investigation amassed with surprising speed strong evidence to support the allegations.

The evidence showed that from early in 2019, Trump's private lawyer Rudy Giuliani and a close political ally, Ambassador to the European Union Gordon Sondland, were scheming to pressure Kiev to help smear Democrats, including Trump's potential 2020 rival Joe Biden, by opening investigations into them.

"We must say enough -- enough! He has betrayed our national security, and he will do so again," Adam Schiff, who led the House investigation, argued on the Senate floor this week.

"He has compromised our elections, and he will do so again," Schiff said.

'Colossal' mistake

In the trial, Trump's defence was not seen as having undermined the facts compiled by Schiff's probe, and several Republican senators acknowledged he did wrong.

But his lawyers and Senate defenders argued, essentially, that Trump's behaviour was not egregious enough for impeachment and removal.

And, pointing to the December House impeachment vote, starkly along party lines, they painted it as a political effort to "destroy the president" in an election year and insisted voters should be allowed to decide Trump's fate.

Senate majority leader Mitch McConnell said impeachment will benefit Republicans.

"Right now this is a political loser for them. They initiated it. They thought this was a great idea. At least for the short term, it has been a colossal political mistake."

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coastaldigest.com news network
August 7,2020

Bengaluru, Aug 7: Dr Mohammed Yusuf, chairperson of the Karnataka State Board of Auqaf, passed away at a private hospital in the city today following a brief illness. He was 74.

Dr Yusuf was an industrialist and was known for his philanthropic activities. 

A veterinarian, Dr Yusuf had quit the government job and set up business in Bengaluru and Dubai decades ago and has earned considerable success.

He was re-elected as Board of Auqaf chief in January this year. He had held the post more than once in the past. 

He will be buried at the graveyard near Masjid-e-Muzammil which was built by himself at Govindapura, source said.

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