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
April 29,2020

Bengaluru, Apr 29: Indian women have always been the epitome of beauty, strength, and intelligence. Today, the success of Indian women across various walks of life has proven that they have earned this reputation.

One such dedicated social worker is Dr Sunitha Manjunath, the Founder of 'Sumanaa Foundation' of Sanjay Nagar in Bengaluru.

Sumanaa Foundation, based out of Sanjay Nagar in Bengaluru has been on the forefront to support people in distress due to COVID-19. 

The foundation under the leadership of its founder Dr Sunitha Manjunath procured a total of 20000 kgs of farm-fresh produce in four phases from farmers who are unable to sell it due to the COVID Lockdown and have distributed it across 6000 families across Bengaluru city.

"We have procured these vegetables after identifying farmers who are unable to sell their produce due to the challenges of lockdown.

This initiative not only supports the farmers by helping them get the right price for their produce, but also gives us an opportunity to get vegetables at a reasonable price by escaping all middlemen and commissions. We have identified 6000 poor families mainly around Bengaluru city who have not been able to earn their daily wages and given them coupons.

The foundation members identify genuine cases and give them coupons which can be redeemed in exchange of an essential vegetables kit," said Dr Sunitha Manjunath, the founder of Sumanaa Foundation.

These vegetables have been procured from Chikkaballapura, Doddaballapura, and surrounding villages and included vegetables like onions, tomatoes, capsicum, green chillies, beans, carrots, brinjal, potatoes, beetroots etc. These farmers got a fair price for their produce and were overjoyed to know that their harvest is being distributed free of cost to needy and deserving families.

Sumanaa Foundation has been actively supporting the city administration in fighting COVID-19 pandemic. In the recent weeks the foundation has distributed sanitisers and masks to BBMP Pourakarmikas.

The foundation also cooked food for over 400 people each day. This food was handed over to the city administration, which further distributed this to the police department and other staff working across government departments during these testing times.

Dr Sunitha, an engineer by qualification, had enjoyed a high-flying corporate career with BOSCH. She was offered a global role, which she turned down to setup her NGO, 'Sumanaa Foundation' and to serve the needy in and around her locality. Over the past seven years, the NGO with 70 members has done a wide range of activities to support the poor and needy in Bengaluru.

The core team of Sumanaa Foundation works under the leadership of its president Dr Sunitha Manjunath and includes young and energetic individuals like Manjunath K, Prakash K, Vidya Prakash, Sindu Gowda, Byregowda, Nishita Arjun, Arjun Varadaraj and Manoj Kumar
'Meal of Humanity' is a notable initiative of Dr Sunitha Manjunath and her team. Under this program, over 300 poor people are served mid-day meals every day. 

This is currently a self-sustained program with no external funding. Dr Sunitha Manjunath, her family members, and friends contribute their hard-earned money to bring smiles to hundreds of migrant workers and daily wage laborers.

'Wall of Humanity' is another unique concept implemented by Sumanaa Foundation. People can leave used or unnecessary daily use products like clothes, toys, groceries, etc at a designated area. This can be picked by anyone in need of these items. This self-helping model has touched the lives of hundreds of people in and around the area of Sanjay Nagar.

Regular blood donation camps, eye checkups, scholarship for students, tailoring machine distribution, environmental initiatives, Swacch Bharath programs, wall painting across the roadside are just a few among the hundreds of activities undertaken by Sumanaa Foundation regularly under the leadership of Dr Sunitha Manjunath and her team of friends.

"A life without an aim is worthless and so is a death without achievement. The aim of my life is to touch the lives of the hundreds of people who are not as privileged as you and me. I'd like to thank my husband Manjunath, my In-Laws and my friends from Sumanaa Foundation who work tirelessly alongside me across all our initiatives," said an elated Dr Sunitha Manjuanth on receiving the 'ET Power Icons' award for Excellence in Social Service and Public Initiatives.

Dr Sunitha Manjunath has also been awarded the prestigious 'Kempegowda Award' and many more such awards for her contribution to the society.

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News Network
June 29,2020

New Delhi, Jun 29: India recorded 19,459 new coronavirus cases and 380 deaths in the last 24 hours.

According to the Ministry of Health and Family Welfare on Monday, the total coronavirus cases in the country stands at 5,48,318 including 2,10,120 active cases, 3,21,723 cured/discharged/migrated and 16,475 deaths.

Maharashtra's COVID-19 count touched 1,64,626 and cases in Delhi have reached 83,077.

The total number of samples tested up to 28 June is 83,98,362 of which 1,70,560 samples were tested yesterday, as per the data provided by the Indian Council of Medical Research (ICMR). 

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News Network
January 30,2020

Bengaluru, Jan 30: The BJP government of Karnataka has given green signal to the proposal of hiking milk prices by Rs 2 per litre.

The new prices will come into effect from February 1. Seeking revision of prices, the Karnataka Milk Federation (KMF) had submitted a proposal last week to the state government. Alongside the revision of milk prices, the state government has also hiked the prices of curd by Rs 2 per liter.

The sudden hike in the prices of milk, curd is likely to have a cascading effect on the milk related beverages such as coffee, tea, and milkshakes with hoteliers and eateries mulling to increase the prices of coffee and tea following the hike in prices.

Sources in the state government revealed to DH that out of Rs 2, farmers will be getting a lion’s share as their accounts will be credited with Rs 1. Another 40 paise will be given to the farmers towards the insurances of their livestock.

Another 40 paise will go to the milk salesmen in the form of commission. The remaining 20 paise will be distributed among the workforce at the milk cooperative unions as an additional incentive.

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