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 2,2020

Bengaluru, Mar 2: Karnataka Minister BC Patil on Monday repeated his earlier statements that he will approach the Centre to bring a law to "shoot at sight" anyone who raises anti-India slogans.

"I am not going back on my statement as I have not said anything wrong. I had said that I will ask the central government to bring a law to shoot at sight those who shout slogans against India. Nowadays it has become a fashion for some youths to get popularity this way which spoils the country and patriotism," Patil told reporters here.

"There is nothing wrong in asking for a law. I have not said that I will myself shoot someone who shouts slogans against India. If the same thing happens in Pakistan, they will be beheaded. But we are not so brutal, we book a case and send them to judicial custody," he added.

Patil also said that there was no need for holding discussions over the amended Citizenship Act, but added that the ruling BJP will defend it if the opposition raises a stir in the state Assembly.

The budget session of the Karnataka Assembly began on Monday.

Comments

Fairman
 - 
Monday, 2 Mar 2020

He deserves his own recommendation.

Because his statement anti Indians.

 

God bless them wisdom these loose chaddies

Abdul Gaffar Bolar
 - 
Monday, 2 Mar 2020

What if BC patil raises anti-india slogan

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News Network
May 24,2020

Bengaluru, May 24:The first 'Sunday curfew' imposed by the Karnataka government to try and contain the spread of COVID-19 got underway in the state today, with people by and large adhering to norms, roads wearing a deserted look and almost no vehicular traffic, barring essential services.

With barricades being up across most roads in the state, people ventured out only to purchase groceries, vegetabes and medicines.

Instances of violation of Sunday curfew lockdown norms were reported in COVID-19 hotspots of Shivajinagar and Rayapura in Bengaluru and Nelamangala and Devanahalli.

Temples, malls, bars, eateries and small food joints remained shut throughout state.

In most parts of the state buses, autorickshaws and cabs did not ply.

In Bengaluru, the ever bustling Majestic area, which houses the central city bus stand, inter-city bus stand, Metro Railway Station and the City Railway Station, did not see any activity as buses did not ply and all shops were shut, police said.

Reports from Mysuru, Tumakuru, Kolar, Mangaluru, Udupi and other towns across the state said there were no lockdown violations.

Amid the rigid curfew marriages were conducted in a simple manner in various parts of the state like Gollarahatti and Yashwanthapura in Bengaluru and also in Davangere.

Families of the brides and grooms invited only a few people for the event, adhered to social distancing norms and wore masks.

In Gollarahatti, the event organisers cleaned the road, after which the invitees, who were hardly 25 to 30 in number, sat down to have a feast.

The Karnataka government had eased restrictions during Lockdown 4 for start of economic activities like city buses, inter-district bus service, intrastate train services, opening of shops and markets.

However, the government had made it clear that there will be 'Janata Curfew' every Sunday during which only essential services would be permitted.

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News Network
January 1,2020

Mangalore, Jan 1: Under the aegis of the Dakshina Kannada District Jatyateeya Paksha Sanghatanegala Janti Vedik, Members of Congress, Communist Party of India, CPI (M), Janata Dal (Secular) and other secular organisations will stage a dharna on January 2 here demanding a judicial inquiry into the firing on December 19.

Talking to reporters on Tuesday evening, former Bantwal MLA B Ramanath Rai said the dharna will be held before the statue of B R Ambedkar, near the Town hall, from 1000 hrs to 1600 hrs.

Mr Rai said allegations are being made that the trouble in the city on December 19 was orchestrated by certain political parties and leaders. The city police are also being accused of acting under the influence of the ruling government in invoking prohibitory orders to quell the protest against the Citizenship Amendment Act (CAA) and later firing at the protesters that led to two deaths.

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