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
July 10,2020

Bengaluru, Jul 10: With 2,313 more people testing positive for coronavirus in Karnataka in the last 24 hours, its overall tally of patients rose to 33,418 on Friday, health officials said.

57 patients died in Karnataka in the last 24 hours, with majority (27) of them from Bengaluru, taking the state''s death toll to 543, the officials added.

Bengaluru accounted for 1,447 or 63 per cent of the new COVID-19 cases, spiking its tally to 15,329, out of which 11,687 are active cases.

The city alone accounts for 46 per cent of all the cases in the state.

As many as 45 deaths had Severe Acute Respiratory Infection (SARI) as a common symptom.

Among the new cases, excluding Bengaluru, Dakshina Kannada accounted for 139 infections, followed by Vijayapura (89), Ballari (66), Kalaburagi (58), Yadgir and Mysuru (51 each) among others.

On Friday, a record 1,003 patients got discharged, 601 of them in Bengaluru alone with the total number of discharges rising up to 13,836.

Until now, Karnataka has tested 7.79 lakh samples for Covid, out of which 7.28 lakh tested negative.

Despite the record number of discharges, patients in ICU rose to 472.

Of the 33,418 cases, 19,035 are active in the state.

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News Network
January 15,2020

Mangaluru, Jan 15: A 28-year-old man, who is a first-year MBBS dropout, was arrested by the police after he posed as a doctor and treated patients at a private hospital at Derlakatte on the outskirts of the city.

The arrested has been identified as Mohammed Habib Hussain, a native of Shivamogga, who was residing in Attavar, Mangaluru. He had discontinued studies after the first year due to personal reasons.

The incident took place on Sunday night  at Yenepoya Medical College, Derlakatte. Dr Sampathila Padmanabha, medical superintendent, Yenepoya Medical College, said the accused had come to the medical college at midnight on December 29.

After speaking to the security guard at the hospital entrance, he introduced himself as an assistant to the consulting urologist, and wanted to visit patients at the private ward situated at floor number 7.

After entering, he called the duty nurse to get case sheets. Later, he examined two women patients in the presence of the duty nurse, and also wrote a prescription on the patient case sheet. He also yelled at a nurse, saying that she isn’t doing her duty properly, and left the place.

However, the nurse who grew suspicious, informed the management, after the accused had left the place. The management, who crosschecked about the accused, found out that he is not a doctor, and that he is also not associated with the hospital.

The management sent an advisory to all employees to produce their identity cards, whenever they enter any wards, especially at night, and also to keep an eye on anyone suspicious. The same message was passed on to other hospitals in the vicinity.

The accused again showed up at the hospital on Sunday night. As security guards were told about strangers visiting the hospital in the guise of doctors, he was allowed to enter the hospital premises, so that he can be apprehended. He later went to the reception counter and queried about the consultant urologist. When he noticed that the staff had an idea about what was happening, he tried to flee from the spot. He was later caught by a security guard, and the police were informed. He was arrested by Ullal police station personnel.

Dr Padmanabha added that he used to roam around with his friend in a car. He was also involved in a similar incident at a private hospital in Kankanady, and the same has been informed to the police. He visited hospitals in a car, which has been seized by police.

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News Network
July 16,2020

New Delhi, Jul 16: India’s Covid-19 tally on Thursday jumped to 968,876 after the country reported highest-ever single-day spike in coronavirus cases registering 32,695 new infections in the last 24 hours. According to the government data, India’s Covid-19 death toll stands at 24,915 after 606 fresh fatalities were reported in the last 24 hours.

The number of recovered patients in India stands at 612,814. On Wednesday, the government said that a record 20,572 patients recuperated from Covid-19 disease in the last 24 hours (between Tuesday and Wednesday), taking the country’s recovery rate to 63.24 percent.

While the Covid-19 tally runs in lakhs in states like Maharashtra, Delhi and Tamil Nadu, other states have been reporting a surge in coronavirus infections. Karnataka has reported over 47,000 coronavirus cases till date but its active cases are more that of Delhi. It has overtaken Gujarat as the fourth worst-hit state in the country. Gujarat’s Covid-19 tally stands at 44,552.

Here’s taking a look at the Covid-19 situation across worst-affected states:

Maharashtra

The state Covid-19 tally jumped to 275,640 on Thursday. As many as 152,613 people have recovered from coronavirus in Maharashtra while 10,928 have died.

Tamil Nadu

With 151,820 coronavirus cases, Tamil Nadu is the state with second-highest coronavirus cases in the country and has witnessed 2,167 coronavirus fatalities. The number of patients who have recovered from coronavirus in the state stands at 102,310.

Delhi

The national capital is the third worst-hit in India with coronavirus cases jumping to 116,993 on Thursday. As many as 95,699 patients have recovered from Covid-19 in the national capital while 3,487 have succumbed to the infection.

Karnataka

The South Indian state has witnessed 47,253 coronavirus cases till date and is now the fourth worst-affected in the country. While 928 have lost their lives to the deadly contagion in the state. Nearly 18,466 patients have recovered from the disease in Karnataka.

Gujarat

Gujarat has seen Covid-19 cases reach 44,552 on Thursday. The state has seen 31,286 people recover from coronavirus while 2,079 people have died.

Uttar Pradesh

The Covid-19 tally in Uttar Pradesh has jumped to 41,383 while the number of recoveries has touched 25,743. The state’s death toll has crossed 1,000.

Telangana

The state’s Covid-19 tally stands at 39,342 coronavirus cases. While 25,999 people have recovered from the disease, the Covid-19 death toll has jumped to 386 in the state.

Andhra Pradesh

The state has reported 35,451 Covid-19 patients till date. While 18,378 people have recovered from the virus across the state, the death toll stands at 452.

West Bengal

As many as 34,427 people have contracted Covid-19 in West Bengal till date. The state has seen 20,680 recover from coronavirus while 1,000 people have been killed.

Rajasthan

The state has reported 26,437 Covid-19 cases till date. Covid-19 death toll in Rajasthan stands at 530 while 19,502 patients have recovered.

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