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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 27,2020

Bengaluru, May 27: A 69-year-old woman from Yadgiri became the 45th COVID-19 related fatality in Karnataka, where 122 fresh cases have been reported, taking the total number of infections in the state to 2,405, the health department said on Wednesday.

With 45 deaths and 762 discharges, there are 1,596 active coronavirus cases in the state, the department said in its mid-day bulletin. It said, the deceased woman, a returnee from Maharashtra was brought dead to designated hospital in Yadgiri on May 20 and tested positive for COVID-19.

Fourteen patients have been discharged in the state so far on Wednesday. Of the 122 new cases, 108 are returnees from neighboring Maharashtra, three from Tamil Nadu, and one each from Uttar Pradesh, Gujarat, Madhya Pradesh, Kerala and Delhi. While two are returnees from foreign countries- one each from UAE and Nepal.

Remaining four cases are contact of patients earlier tested positive.

Among the districts where new cases were reported, Kalaburagi accounted for 28, Yadgiri 16, Hassan 15, Bidar 13, Dakshina Kannada 11, Udupi 9, Bengaluru Urban 6, five each from Uttara Kannada and Raichur, Belagavi 4, Chikkamagaluru 3, two each from Bengaluru Rural and Vijayapura, and one each from Ballari, Mandya and Tumakuru.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 16,2020

Bengaluru, Jul 16: Former Karnataka Chief Minister Siddaramaiah on Thursday hit out at state Health Minister B Sriramulu for stating that "only God can save Karnataka" from COVID-19 and asked him to resign from his post.

Speaking to media here in Bengaluru, Siddaramaiah said, "The government cannot say that we are helpless. Why is the government in power? You have power and you have money. It is your primary duty to serve the citizens of the state."

On being asked about Karnataka Health Minister's statement, the Congress leader said: "Let him resign and go out. God will help you only if you will put all your efforts."

Meanwhile, President of the Karnataka Pradesh Congress Committee DK Shivakumar tweeted "Karnataka's Health Minister saying 'Only God can save Karnataka' reflects poorly on @BSYBJP govt's ability to handle the Covid crisis. Why do we need such a government if they cannot tackle the pandemic?"

Sriramulu had said on Wednesday that either people should inculcate awareness or only God can save them from COVID-19.

"Who can save us at this time? It's either God or people should inculcate awareness in them. Congress leaders are involved in political mudslinging at this time. This is not fine and it will not help them in any way," the Minister had said.

"It is a crucial time, in the interest of the general public. I request all the Congress leaders not to indulge in loose talk regarding the issue, it leads to more panic situation among the general public. We are ready to adhere to any punishment if we did any wrong thing," he had added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 30,2020

Bengaluru, Mar 30: The nationwide lockdown has left the state on the brink of a fresh agrarian crisis.

The lack of transport facilities spells doom for ready-to-harvest grapes worth Rs 500-600 crore in Bengaluru Rural, Chikkaballapur and Kolar districts. Unable to find buyers, several farmers have begun dumping their produce into compost pits.

On Sunday, Munishamappa, a farmer in Chikkaballapur, emptied four truckloads of grapes into the pit as buyers didn’t turn up due to the lockdown. “If the grapes wither and fall to the ground, it will affect the soil’s fertility and I will be forced to dispose of them,” he said.

Venkata Krishnappa, Munishamappa’s son, said their 1.5-acre vineyard yielded 25 tonnes of grapes. “Just before the lockdown, 10 tonnes were harvested and delivered to the market. Due to lack of transport, buyers haven’t turned up for the remaining 15 tonnes which we are dumping into the pit.”

For latest updates on coronavirus outbreak, click here

Anjaneya Reddy, a farmer leader, said that in Chikkaballapur alone, they have cultivated grapes on 2,000 acres. “Even if you consider 15 tonnes per acre as yield, there are about 30,000 tonnes ready to be harvested in the district. At a market rate of Rs 50 to Rs 60 per kilogram, the net worth will be Rs 200 crore to Rs 300 crore. And if you consider the crop in Kolar and Bengaluru Rural, grapes worth Rs 500 to Rs 600 crore are at stake,” he explained.

The ‘Dilkush’ grapes is the most preferred variety of domestic consumption, according to the farmers.

This apart, farmers would have invested about Rs 3 lakh to 4 lakh per acre on fertilisers, pesticide and labour. “With markets being shut and no of the transport facilities available, farmers are forced to dump their produce into pits. It is high time the government intervened and provided us with market options so that farmers can sell at an affordable price of Rs 30 to 40,” Reddy said.

Somu, a farmer in Ganjam village of Srirangapattana, dumped two tonnes of chikku (sapota) citing market shutdown in Mandya. Reddy appealed to the government to emulate the Maharashtra model where the government is helping farmers market fruits through Hopcoms or dairy units as nutrient supplements to people.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.