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
June 10,2020

Bengaluru, Jun 10: Janata Dal-Secular (JD-S) supremo and former Prime Minister H.D. Deve Gowda said on Tuesday that he filed his nomination for the June 19 Rajya Sabha elections from Karnataka in response to a collective call from national leaders to be back in the Parliament.

"Though I was not personally interested to contest, national leaders from Congress President Sonia Gandhi, National Conference President Farooq Abdullah, TMC and Left parties want me back in Parliament," he told reporters here.

Gowda, 87, filed his nomination in the Vidhana Soudha, submitting the papers to Assembly Secretary and Returning Officer M.K. Vishalakshi, a party official told IANS.

Gowda''s second son and former minister H.D. Revanna and third son and former Chief Minister H.D. Kumaraswamy were present on the occasion.

"Our party''s all 34 legislators also urged me to contest as my presence is necessary in Parliament at a time when the country was grappling with multiple crises in the aftermath of coronavirus," said Gowda.

Claiming that there was no pressure from his two sons as they are more concerned with his health, Gowda said he was touched by the requests of the national leaders, especially Gandhi who personally called him and asked him to contest as the country needed his presence in Parliament.

Gowda agreed to contest in the bypoll as his party''s candidate after the Congress state unit assured him of its support with its surplus votes, as the JD-S with 34 legislators is short of 10 votes of the required 44 votes.

It will be second time Gowda will enter the Rajya Sabha, 24 years after he was its member as the Prime Minster from June 1996 to April 1997 of the United Front government.

"Congress General Secretary K.C. Venugopal informed Kumaraswamy on June 6 that the party was fielding only its senior leader Mallikarjun Kharge from Karnataka and had surplus votes to ensure my victory as our party is 10 votes short of the required 44 votes to win," Gowda said.

Kharge filed his nomination on Monday.

Party''s outgoing member Kupendra Reddy, whose 6-year term ends on June 25, told Gowda that he was not interested for a second term as he did not get enough time in the upper house to raise issues.

"As our party does not have numbers in Parliament to get more time allotted to raise issues and participate in debates, Reddy wanted me to be in the Rajya Sabha in his place so that I could serve the nation better," Gowda said.

Gowda lost in the May 2019 general elections from Tumkur to G.S. Basvaraj of the BJP.

With the term of the four members -- Congress'' B.K. Hariprasad and Rajeev Gowda, BJP''s Prabhakar Kore and JD-S''s Reddy ending on June 25, the Election Commission notified the poll on June 1.

According to the poll panel, the nominations will be scrutinised on Wednesday and last date for withdrawal by candidates is June 12. Polling and vote count is on June 19.

From the ruling BJP, its grassroot cadres Eranna Kadadi and Ashok Gasti filed their nominations after Gowda.

By fielding Gowda for the fourth seat, the Congress and JD-S, who had post-poll and pre-poll alliances for the Lok Sabha and state Assembly elections in May 2019 and May 2018, queered the pitch for the BJP, denying it the chance to win a third seat.

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News Network
May 22,2020

Bengaluru, May 22: Karnataka government on Thursday said that there will be no inter-district check-posts for health screening in the State.

"There will be no inter-district check-posts for health screening in the State. Any health screening for passengers travelling by public transport -- buses and trains -- will be done at the origin of the journey and all those passengers found asymptomatic will be allowed to travel," reads the statement issued by the Commissionerate of Health and Family Welfare Services.

It further reads: "The agencies running public transport (KSRTC and others, Indian Railways, private bus operators) should ensure health screening of passengers before the start of the journey. There will be no health screening of passengers travelling by private vehicles across districts in Karnataka." 

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News Network
May 28,2020

May 28: Boeing is cutting more than 12,000 jobs through layoffs and buyouts as the coronavirus pandemic seizes the travel industry, and more cuts are coming.

One of the nation's biggest manufacturers will lay off 6,770 U.S. employees this week, and another 5,520 workers are taking buyout offers to leave voluntarily in the coming wee

Air travel within the U.S. tumbled 96% by mid-April, to fewer than 100,000 people on some days. It has recovered slightly. The Transportation Security Administration said it screened 264,843 people at airports on Tuesday, a drop of 89% compared with the same Tuesday a year ago.

Boeing had said it would cut 10% of a work force that numbered about 160,000. A Boeing spokesperson said Wednesday's actions represent the largest number of job cuts, but several thousand additional jobs will be eliminated in the next few months.

The layoffs are expected to be concentrated in the Seattle area, home to Boeing's commercial-airplanes business. The defense and space division is stable and will help blunt the impact of the decline in air travel and demand for passenger jets, the company said.

Boeing said additional job cuts will be made in international locations, but it did not specify numbers.

"The COVID-19 pandemic's devastating impact on the airline industry means a deep cut in the number of commercial jets and services our customers will need over the next few years, which in turn means fewer jobs on our lines and in our offices," CEO David Calhoun said Wednesday in a memo to employees.

Calhoun said the company faces the challenges of keeping employees safe and working with suppliers and airlines "to assure the traveling public that it can fly safe from infection."

Calhoun warned that Boeing will have to adjust business plans constantly because the pandemic makes it hard to predict the impact on the company's business.

Boeing's crisis began with two crashes of its 737 Max, which led regulators around the world to ground the jetliner last year. The company's problems have deepened with the coronavirus, which has cut global air traffic by up to 90% and caused airlines to postpone or cancel orders and deliveries for new planes.

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