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 20,2020

Bengaluru, Jan 20: The suspense over chief minister BS Yediyurappa expanding his council of ministers is set to continue until after he returns from his trip to attend the World Economic Forum (WEF) in Davos, Switzerland.

Yediyurappa, who heads a 10-member delegation to the Swiss ski resort, left on Sunday. Prior to his departure, he told reporters cabinet expansion will happen only after his return on January 24. “I discussed the issue with [BJP] national president Amit Shah for 30 minutes or so. He has given a positive response and I will expand the cabinet within two days after my return,” Yediyurappa said.

But sources said Shah, during his visit to Hubballi on Saturday, had indicated the exercise is likely to be delayed further as the central leadership will be busy with the assembly elections in Delhi. “Indications are there is no possibility of expanding the cabinet until February 11 when the electoral process for the Delhi elections ends,” said a source.

The development has obviously left ministerial aspirants, especially defectors from Congress and JD(S) who were re-elected on BJP tickets last month, restive. Moreover, while Yediyurappa has promised ministerial berths to all MLAs who switched to the BJP from Congress and JD(S), sources say Shah is only in favour of inducting six defectors (11 of whom won MLA seats on saffron party tickets in the byelections) into the cabinet.

“Shah’s advice to Yediyurappa is to strike a balance between defectors and loyalists. His concern is loyalists should not be left disappointed, while justice should be served to the defectors as well,” said a BJP functionary.

Meanwhile, KS Eshwarappa, senior party functionary and minister for rural development, said the BJP would never let down the defectors. “The party is indebted to them and I am sure they will all be rewarded,” he said.

BC Patil, one of the defectors, said some of them had met Shah in one-on-one meetings in Hubballi. “It was more a courtesy call and the issue of cabinet expansion didn’t come up during the meeting,” he said.

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coastaldigest.com news network
June 16,2020

Vijayapura, June 16: Even as a video of a man wearing a burqa who is being thrashed by locals is going viral on social media, netizens targeted Bharatiya Janata Party for their activist resorting to heinous acts. 

The man who was caught in burqa has been identified as Siddu Paragond, an activist of Snagh Parivar hailing from Sindgi town in Karnataka’s Vijayapura district. 

The bizarre incident took place in Sindgi on June 11 outside a bank.

“While people including women were standing in a queue outside the bank, the person in burqa was acting in a suspicious manner. The person was trying to get too close to women which was making them feel awkward,” local residents said.

“Getting suspicious, some locals tried to interact and their suspicion rose with the strange behaviour of the person. Suddenly some men took the person away from the bank and checked only to find that it was a man in burqa. The men thrashed him and handed him over to police,” the sources said.

Confirming this, Superintendent of Police Anupam Agrawal said that the Siddu Paragond has been arrested and remanded to judicial custody. He, however, made it clear that no suspicious objects were found on Siddu. “We are trying to find out the motive for his act,” the SP said.

Comments

Kannadiga
 - 
Tuesday, 16 Jun 2020

Finally mentally not fit 

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News Network
April 27,2020

Bengaluru, Apr 27: Janata Dal-Secular leader and former Karnataka chief minister HD Kumaraswamy on Monday said that the government should work towards lowering the cost of living as the spending power of the consumer has weakened, and it should impose COVID cess on the ultra-rich.

"The economy won't bounce back within a very short period. It is important to lower the cost of living as the spending power of the consumer has depleted. The government must cut the petrol/diesel prices. The loss of revenue may be offset partially by imposing COVID cess on the ultra-rich," Kumaraswamy tweeted.

"According to RBI and international economic assessment agencies, the GDP growth rate of the country is expected to fall to a historic low. Such a dire situation calls for citizen-centric measures like full or partial waivers of EMIs, rents, school fees, and other levies," he added.

Kumaraswamy further said that the government must announce schemes to save the livelihoods of people, especially those in the unorganised sector.

"It is high time the government announced schemes to save livelihoods of people, especially those in the unorganised sector. The government must provide immediate relief to farmers, construction workers, cab and auto drivers, garment workers, etc," the former Karnataka CM tweeted.

The Confederation of Indian Industry (CII) had said on April 23 that India's economic growth is likely to hover between zero and 1.5 per cent in the current financial year as the extended COVID-19 lockdown slows down activity across most sectors.

India is under a nation-wide lockdown which was imposed on March 25 and later extended on April 14 to May 3 to stem the spread of coronavirus.

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