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
March 27,2020

Bengaluru, Mar 27: The Indian Air Force (IAF) on Wednesday said it has created nine quarantine facilities of 200-300 personnel capacity each at its nodal bases across the country to combat the outbreak of novel coronavirus.
"To monitor the prevailing situation and provide immediate response and assistance as required, a 24x7 crisis management cell has been set up at the IAF Headquarters and various Command Headquarters," stated an IAF press release.
IAF aircraft are continuing to fly in medical supplies and doctors to Leh and fly out blood samples for COVID-19 testing to Chandigarh and Delhi, the release noted.
"Command Hospital Air Force Bangalore (CHAFB) has been designated as the first laboratory in the IAF to undertake COVID-19 testing, which will greatly enhance the region's ability to carry out quick testing of suspected cases and allow prompt and timely intervention where required," it mentioned.
All measures and directives issued by the government towards containing the spread of COVID-19 have been strictly enforced across all IAF stations, the release stated.
"The Indian Air Force continues to take measures to provide all possible assistance to civil administration across the country in containing the spread of COVID-19. The IAF has created nine quarantine facilities of 200-300 personnel capacity each at nodal IAF bases across the country," the release noted.

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coastaldigest.com news network
July 14,2020

Bengaluru, July 14: Girls outshone boys in the Second Pre-University Board examinations in Karnataka, results of which were announced on Tuesday.

As many as 6.75 lakh students had written the examination of which 4.17 lakh students passed.

Thus, the pass percentage is 61.80 per cent, Primary and Secondary Education Minister S Suresh Kumar said while announcing the results.

He said 68.73 per cent girls cleared the exam against the boys whose pass percentage was 54.77 per cent.

In terms of urban versus rural, 62.60 per cent students passed in the urban area while 58.99 per cent were from rural areas.

The three districts where the students' performance was excellent were Udupi, Dakshina Kannada and Kodagu whereas the districts where students fared badly were Chitradurga, Raichur and Vijayapura, the minister said.

Both Dakshina Kannada and Udupi have recorded 90.71 percent results. Kodagu has bagged second position with 81.53 pass percentage. Vijayapura district has recorded lowest pass percentage (54.22)

Combination wise, the pass percentage of students in science stream is 82.57 per cent, Commerce 72.60 per cent and Arts 47.90 per cent, said the Minister.

He also said of those who passed the examination, 72. 45 per cent were from English medium and 47.56 from Kannada medium.

There are 68,866 distinction scorers, 2,21,866 students who got first division and 77,455 students who passed the exam in second division, the minister added.

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News Network
February 11,2020

Feb 11: China reported 108 new coronavirus deaths on February 10, the highest daily toll since the outbreak began in Wuhan late last year, as two senior officials in the hard-hit province of Hubei were removed from their jobs.

The total number of deaths on the mainland reached 1,016 in the 24 hours until midnight, the National Health Commission said on Tuesday.

Some 2,478 new cases were confirmed, bringing the total to 42,638.

Of the new deaths, 103 were in the province of Hubei, including 67 in the provincial capital of Wuhan. The virus is thought to have originated there in a market that sold seafood as well as wild animals.

Two senior health officials in the province - Zhang Jin who was Party Secretary of the health commission for Hubei and Ling Yingzi who was director of the Hubei Provincial Health Commission - were both removed from their posts, state media reported on Tuesday,  a day after Chinese President Xi Jinping visited health facilities in Beijing.

In his first public appearance since the outbreak began, Xi donned a face mask and had his temperature checked while visiting medical workers and patients in the capital.

"We have seen very little of Xi Jinping since the outbreak began but he was out and about in Beijing on Monday," Al Jazeera's Katrina Yu said from Beijing. "He has been trying to rally the troops saying: 'We can win this battle.' But it's also a sign that the battle is far from over."

The other fatalities on Monday were in the provinces of Heilongjiang, Anhui and Henan and the cities of Tianjin and Beijing, the National Health Commission said.

During a meeting chaired by Premier Li Keqiang on Monday, a group of leaders tasked with beating the virus said it would work to solve raw material and labour shortages and boost supplies of masks and protective clothing.

They said nearly 20,000 medical personnel from around the country had already been sent to Wuhan, and more medical teams were also on the way.

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