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

Bengaluru, Feb 21: Historian Ramachandra Guha on Thursday refuted Karnataka home minister Basavaraj Bommai's claim that the latter had apologised for police allegedly manhandling him during an anti-CAA protest in the city, saying he received no such call or apology.

The writer further said even if such an apology had been offered, he would have rejected it.

"The Home Minister of Karnataka has claimed on the floor of the State Assembly that he apologised to me by phone for the manhandling by the Bengaluru police on 19th December 2019. This is false.

I received no such call or apology," Guha tweeted.

"Even if such an apology had been offered, I would have rejected it.

The imposition of Section 144 was illegal (as the Karnataka High Court has since held) and I was proud to be one of thousands of peaceful protesters who defied the States arbitrary action on that day," he said in another tweet.

During his reply to the debate on law and order situation in the state, Bommai on Wednesday claimed that he had apologised to Guha.

The minister was apologising to senior Congress MLA and former Speaker K R Ramesh Kumar for police serving him notice and detaining him along with others at Mangaluru airport in December for trying to enter the city despite restrictions following violence there.

Stating that anti-CAA protests have taken place peacefully across the state, he had said, there might have been minor discrepancies, like that with historian Ramachandra Guha, being manhandled during a protest.

"I have called and apologised to him," he had said.

Guha was detained on December 19 for staging a demonstration against the Citizenship Amendment Act and National Register of Citizens at the Town Hall here, in defiance of the prohibitory orders imposed in the city.

He was taken away by police personnel and led to a police vehicle parked nearby.

Leader of Opposition in the assembly and former chief minister Siddaramaiah said Bommai has committed a "perjury" in the House, and asked him to apologise to people and Guha in front of media.

"Bommai has committed a perjury on the floor of the House. It answers the question of where @BJP4India workers derive their motivation to spread fake news.

Bommai has insulted the people whom he represents," he tweeted and demanded that he apologize to people and Guha.

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News Network
February 29,2020

Bengaluru, Feb 29: Dreaded underworld don Ravi Poojary's lawyer Dilraj has allegedly been kept out of hearing distance and as a mute spectator during interrogation by the police.

"The lawyer is a mute spectator out of hearing distance from the interrogation. He is not privy to what police ask Pujari," a source told media.

As directed by the court and requested by Poojary, Dilraj is allowed to be present near the interrogation for him to consult on legal issues, but the cops have made sure that he does not hear anything for fear of leaking information.

The court has also ordered the interrogation to be video graphed, which the police are carrying out.

Police sources said that Ravi Poojary is relaxed and cool during the multi-lingual interrogation.

"He is cool, giving frank replies. Poojary is exhibiting confidence in whatever he is telling. Maybe confidently lying, police are not new to him," said the source.

According to source, the gangster knows how to handle police, with sufficient knowledge to reveal how much he wants to, when to stop, when to talk, when to mislead and plant false information.

"Poojary is being interrogated in his mother tongue Kannada, Hindi and English. He is fluent in English," the source said.

However, the source denied speculation gaining currency that Poojary requested police not to send him to Mumbai fearing of being eliminated by the henchmen of dreaded underworld dons Dawood Ibrahim and Chota Rajan.

"Nothing of that sort happened. It doesn't work like that. He has been captured after 25 years, and he is not a king to choose. Wherever the law takes him, he will go there," said the source.

Rajan is serving a life sentence inside a high security cell in Delhi's Tihar jail.

Currently, the probe is focused on Tilknagar Shabnam Developers double murder shootout case. Police are discovering information, verifying it with respect to evidence and building the case.

Taking regular breaks, police are interrogating Poojary from morning till evening.

Of the over 200 cases against Poojary in the southern state, 39 are in Bengaluru, 36 at Mangaluru, 11 in Udupi on the state's west coast and one each at Mysuru, Hubballi-Dharwad, Kolar and Shivamogga in Malnad.

The other cases are in Mumbai (49) and in Gujarat (75) pertaining to extortion, kidnapping, ransom demand and murder threats.

Poojary also extorted huge amounts from popular Bollywood stars and realtors. He was also involved in an attempt to murder case, aimed at killing a prominent lawyer of Mumbai.

A four-member Karnataka police team led by Pandey brought the 52-year-old underworld don to Bengaluru from Dakar in Senegal via Paris in an Air France scheduled flight during the wee hours and kept him at an interrogation centre in the city's south-east suburb.

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News Network
May 29,2020

Bengaluru, May 29: Seven out of ten (72 per cent) workers in Karnataka reported having lost their employment during the COVID-19-induced lockdown, according to findings of a survey by Azim Premji University, in collaboration with ten civil society organisations.

The university said in a statement it conducted "a detailed" phone survey of 5,000 workers across 12 states in the country, to gauge the impact of the COVID-19 lockdown on employment, livelihoods, and access to government relief schemes.

The survey covered self-employed, casual, and regular wage and salaried workers and it released the findings for Karnataka on Thursday.

Seventy-six per cent of urban workers and 66 per cent of rural workers lost their employment, the survey findings said.

For non-agricultural self-employed workers and wage workers, who were still employed, average weekly earnings fell by two-third.

More than four in ten salaried workers (44 per cent) saw either a reduction in their salary or received no salary during the lockdown.

Six out of ten households reported that they did not have enough money to buy even a weeks worth of essential items, according to the survey.

Eight out ten households reported a reduction in food intake, while less than three in ten vulnerable households (27 per cent) in urban Karnataka received any form of cash transfer from the government, it said.

In summary, the disruption in the Karnatakas economy and labour markets is enormous. Livelihoods have been devastated at unprecedented levels during the lockdown.

The recovery from this could be slow and very painful, the statement said.

As a response to the findings of this survey, the team which has conducted the survey suggested a universalisation of the PDS to expand its reach and implementation of expanded rations for at least the next six months.

It suggested cash transfers equal to at least Rs.7000 per month for two months, and proactive steps like expansion of MGNREGA, introduction of urban employment guarantee, and investment in universal basic services, among others.

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