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
January 21,2020

Bengaluru, Jan 21: Braving the biting cold, chief minister BS Yediyurappa took time out of his busy schedule to go around Davos on Monday.

Clad in a long coat over a suit, scarf and leather gloves, Yediyurappa, with secretary S Selvakumar in tow, took in the sights of well-laid bylanes, quaint houses and snow-covered pine trees. He also rode a cable car at Persenn.

A cook from Andhra Pradesh, who works at an Indian restaurant in Davos, served the CM shavige uppittu and khara pongal for breakfast. Yediyurappa had chapatis and rice for dinner.

Meanwhile, Karnataka is likely to have a ‘Centre for Internet of Ethical Things’, perhaps, the world’s first, which will seek to ensure ethical practices in trade and businesses, besides addressing issues like misuse of artificial intelligence, a concern that has been bothering business leaders across the globe.

At the World Economic Forum in Davos, Yediyurappa signed an informal agreement with Murat Sonmez, the forum’s managing director, on Monday. "Investors around the globe are worried about unethical practices in business and a centre is the need of the hour," Sonmez was quoted as saying in a press release. "If the Karnataka government is serious about securing investment, it should set up the centre immediately."

Yediyurappa immediately responded to the suggestion by prompting Sonmez to write down an informal agreement on a sheet of paper which both signed. "This centre will go a long way in Karnataka’s history of industrial development," Sonmez was quoted as saying in a release by the Karnataka delegation.

At the inauguration of Karnataka’s pavilion, Yediyurappa promised all support to investors. "We are happy to be here and look forward to engage you on various development agenda," he said adding that he was keen to partner on certain strategic research that can help Karnataka become a major player on the global stage. "With Karnataka emerging as a leading industrial state in India, we can make it a major player on the global stage," he said.

Industries minister Jagadish Shettar, chief secretary TM Vijaya Bhasker and industries secretary Ramana Reddy were also signatories to the informal agreement.

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News Network
January 7,2020

Kochi/Thiruvananthapuram, Jan 7: The Managing Director of Muthoot Finance company was injured after miscreants allegedly pelted his car with stones here on Tuesday morning following which one person was reportedly taken into custody.

George Alexander Muthoot, who suffered head injury has been admitted to a private hospital, police said.

A section of employees have been agitating against the Muthoot management over dismissal of 160 staff from the company's 43 branches across the state in December.

The protest is being held under the aegis of the Centre of Indian Trade Unions (CITU).

While the Muthoot management alleged that "CITU goons" were behind the attack that occurred at around 9 am in front of IG office here, the union leaders have maintained that they have no role in the incident.

Reacting to the incident, Labour Minister T P Ramakrishnan said he does not think any of the Muthoot employees were behind the attack.

"The employees were protesting peacefully. Violence is not part of their protest. Even now, in today's incident, I don't think any of the Muthoot employees attacked the MD.

However, it was the management of the company which had always provoked them by not implementing the decisions taken at conciliatory meetings," the Minister said.

If the management was prepared to change its stance, all the issues would be resolved, he said.

CITU leader Ananthavattom Anandan told reporters that they do not believe in such type of violent mode of agitation.

An official of the Confederation of Indian Industries Kerala chapter condemned the incident, saying "it is a matter of great concern".

Well known businessman and founder chairman and CEO of V-Guard Industries, Kochouseph Chittilappilly condemned the attack and said it was unfortunate that such incidents still continue in the state.

“Earlier also such incidents have taken palace. It's highly condemnable. The union leaders will now claim that the incident took place without their knowledge. But without the backing of union, such incidents will never happen,” he said.

Kerala-headquartered Muthoot Finance is the largest gold financing company in India.

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News Network
April 8,2020

Bengaluru, Apr 8: Karnataka government has decided to postpone its first mass marriage ('Saptapadi') scheduled for April 26 due to lockdown in force, Minister for Muzrai, Port and Fisheries Kota Srinivas Poojary said here on Tuesday.

Talking to media here, he said that the first phase is likely to be clubbed with the second phase to be held on May 24. However, it all depends upon the situation prevailing at that time.

The state government had proposed to conduct the mass marriage scheme at select Muzrai temples in two phases on April 26 and May 24. Around 2000 applications with due documents were received for mass marriage from those who wished to tie the nuptial knot.

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