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 9,2020

Bengaluru, Mar 9: The political crisis faced by Kamal Nath government in Madhya Pradesh appears to have accentuated with 13 party MLAs and six ministers reported to be in Bengaluru.

The developments have come amid factional differences in the party unit and at a time the party has to finalise its Rajya Sabha candidates from the state.

Sources said the number of Congress MLAs who were in Bengaluru had gone up to 19 and one more MLA expected to reach Bengaluru by Monday night. They said the MLAs have come in batches and include six ministers from Madhya Pradesh.

The developments came on a day state chief Chief Minister Kamal Nath met party chief Sonia Gandhi and discussed the political situation in the state.

The sources said that MLAs are likely to be shifted to a resort on the outskirts of Bengaluru.

According to the sources, BJP Mahadevpura MLA Arvind Limbavali has been in touch with the Congress MLAs. They said 16 MLAs were brought at HAL airport Bengaluru by a special flight and were staying in a hotel at present.

The session of Madhya Pradesh assembly will begin on March 16 and the BJP may bring no-confidence motion against the Kamal Nath government.

Kamal Nath had said after his meeting with Gandhi that Congress MLAs who were reportedly missing have returned and had informed him that they were on 'tirth yatra'.

"Congress MLAs came back and said to me that they went on' tirth yatra (pilgrimage)".

The Congress has accused the BJP of trying to topple the party government. Party leader Digvijaya Singh had earlier alleged that BJP leaders Shivraj Singh Chouhan and Narottam Mishra were offering bribes of Rs 25-35 crore to Congress MLAs in order to bring down the Congress government in the state. The BJP had refuted the allegations.

In 2018 assembly elections, Congress won 114 seats in the 230-member Assembly and formed the government with the support of four Independent MLAs and two BSP MLAs and a legislator from the Samajwadi Party (SP). The BJP had secured 109 seats in the state assembly.

Last week,Madhya Pradesh Labour Minister Mahendra Singh Sisodia had warned that the state government will face a crisis if it "ignores or disrespects" party leader Jyotiraditya Scindia.

Scindia had said last month that he will not hesitate to hit the roads if promises made in a manifesto by Kamal Nath-led government in Madhya Pradesh were not fulfilled.

Kamal Nath had responded to the remarks saying, "To utar jayein" (Let him hit the streets if he wants to).

Congress MLA Bisahulal Singh, who was "missing" for the past few days, returned to Bhopal on Sunday and said he had gone on a pilgrimage.

Independent MLA Surendra Singh said on Monday that he was hoping to become a minister in Madhya Pradesh government soon.

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News Network
April 30,2020

Mumbai, Apr 30: Rishi Kapoor, the romantic star of many a Bollywood film who was diagnosed with leukemia in 2018, died in a Mumbai hospital on Thursday, his brother Randhir Kapoor said. He was 67.

Rishi, a third generation actor of the famous Kapoor dynasty, is survived by his wife Neetu Kapoor, actor son Ranbir and daughter Ridhima.

"He is no more. He has passed away," Randhir said.

Rishi was taken to the H N Reliance hospital by his family on Wednesday.

His death comes a day after after his "D-Day" co-star Irrfan Khan passed away, also of cancer. Three months ago, the disease claimed his sister Ritu Nanda.

"Our dear Rishi Kapoor passed away peacefully at 8:45am IST in hospital today after a two-year battle with leukemia. The doctors and medical staff at the hospital said he kept them entertained to the last.

He remained jovial and determined to live to the fullest right through two years of treatment across two continents. Family, friends, food and films remained his focus and everyone who met him during this time was amazed at how he did not let his illness get the better of him, the family said in a statement.

Rishi returned to India last September after undergoing treatment for his cancer in the US for almost a year.

In February, he was hospitalised twice.

He was first admitted to a hospital in Delhi where he was attending a family function. At the time, he had said he was suffering from an "infection".

After his return to Mumbai, he was again admitted to a hospital with viral fever. He was discharged soon after.

Rishi made his first screen appearance as a child artiste in his father Raj Kapoor's film Shri 420 , where he appeared in the song Pyaar hua ekraar hua . This was followed by "Mera Naam Joker". But it was in 1973, with the blockbuster Bobby , again directed by his father, that he made his debut as a romantic hero. He continued to be a favourite romantic hero for almost three decades.

His notable films as a romantic hero are "Laila Majnu", "Rafoo Chakkar", "Karz", "Chandni", "Heena" and "Saagar".

He was, however, more proud of his second innings as an actor, which he found more satisfying. His notable films as a character artiste are "Do Dooni Chaar" with wife Neetu, "Agnipath" and "Kapoor & Sons".

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Agencies
July 18,2020

Days after Twitter accounts of several billionaires were hacked to engineer a crypto scam, Twitter on Saturday said it is embarrassed, disappointed and, more than anything, sorry for what happened with some of its high-profile users as attackers successfully manipulated its employees and used their credentials to access internal systems, including getting through the two-factor protections.

In the first detailed summary of the "social engineering attack" via a crypto scam that hit at least 130 users this week, Twitter said for 45 of those accounts, the attackers were able to initiate a password reset, login to the account and send Tweets.

"We are continuing our forensic review of all of the accounts to confirm all actions that may have been taken. In addition, we believe they may have attempted to sell some of the usernames," the micro-blogging platform said in a statement.

For up to eight of the Twitter accounts involved, the attackers took the additional step of downloading the account's information via "Your Twitter Data" tool.

This is a tool that is meant to provide an account owner with a summary of their Twitter account details and activity.

"We are reaching out directly to any account owner where we know this to be true. None of the eight were verified accounts," said Twitter.

The company said the attackers were not able to view previous account passwords, as those are not stored in plain text or available through the tools used in the attack.

"Attackers were able to view personal information including email addresses and phone numbers, which are displayed to some users of our internal support tools," informed Twitter.

In cases where an account was taken over by the attacker, they may have been able to view additional information, Twitter added, saying its forensic investigation of these activities was still ongoing.

"We are actively working on communicating directly with the account-holders that were impacted".

The company said it will soon restore access for all account owners who may still be locked out as a result of the remediation efforts.

The New York Times reported on Friday that the Twitter crypto scam can be traced back to a group of hackers who congregate online at OGusers.com, a username-swapping community where people buy and sell coveted online handles.

The report said that the Twitter hack is not from Russian, Chinese or North Korean hackers but was done by a group of young people, "one of whom says he lives at home with his mother".

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