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 26,2020

Bengaluru, Jun 26: Karnataka recorded 445 new Covid cases, majority of whom were contacts of earlier positive cases, breaching the 11,000 mark to settle at 11,005, an official said on Friday.

"New cases reported from Thursday 5 p.m. to Friday 5 p.m., 445," said a health official on Friday.

In the past 24 hours, 10 patients succumbed to the virus in Karnataka, three in Bengaluru Urban and one each in Kolar, Dharwad, Shivamogga, Bagalkote, Bidar, Kalaburagi and Ballari.

Like everyday, contacts of earlier cases outnumbered domestic returnees in the number of infections, constituting 39 per cent.

Positive cases with domestic travel history numbered 65, a mere 15 per cent and majority to Maharashtra.

There were also 21 cases with international travel history to countries like Oman, Qatar, Saudi Arabia and Dubai.

On Friday, cases spiked in Bengaluru Urban, Ballari, Kalaburagi, Koppal, Dakshina Kannada, Dharwad, Raichur, Gadag, Chamarajanagar, Udupi, Yadgir, Mandya, Uttara Kannada, Bagalkote, Shivamogga, Kolar and Mysuru.

Among the new cases, Bengaluru Urban accounted for 144, followed by Ballari (47), Kalaburagi (42), Koppal (36), Dakshina Kannada (33), Dharwad (30), Raichur (14), Gadag (12), Chamarajanagar (11), Udupi (9), Yadgir (7), Mandya, Uttara Kannada, Bagalkote, Shivamogga and Kolar (6 each).

Mysuru (5), Chikkamagaluru and Kodagu (4 each), Hassan and Bengaluru Rural (3 each), Vijayapura, Tumkur and Haveri (2 each) and Bidar, Belagavi, Davangere, Ramanagara and Chitradurga (1 each).

As many 144 patients are suffering from Influenza-like Illness (ILI) and 19 from Severe Acute Respiratory Infection (SARI).

In all, 5.68 lakh samples have been tested so far, of which 5.41 lakh tested negative.

Meanwhile, 178 patients are admitted in the ICU.

Of the total 180 deaths, Bengaluru Urban has accounted for 81, followed by Bidar (16), Kalaburagi (15), Ballari (9) and Dakshina Kannada (8), among others.

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News Network
January 1,2020

Jammu, Jan 1: As many as 160 terrorists were killed in Jammu and Kashmir this year, while 250 terrorists, including 102 of Pakistani origin, were active in the Valley, Director General of Police (DGP) Dilbag Singh said on Tuesday, noting that terror incidents and the number of local youths turning towards terrorism have decreased.

"250 terrorists have been active in Jammu and Kashmir. There is a decrease in number of active terrorists as compared to last year," Mr Singh said at the annual press conference at police headquarters in Jammu.

The DGP said that there is 30 per cent fall in terrorist incidents, less civilian killings and 36 per cent decrease in law and order incidents as compared to 2018.

"218 such (local) youths joined militant outfits in 2018 but only 139 joined in 2019," he said. Out of these new recruits only 89 have survived.

"The rest have been eliminated as their shelf life is between 24 hours to 2-3 months after joining militancy. There are hardly few old terrorists surviving, which include Jehangir Saroori and Riyaz Nayikoo", he said.

There have been only 481 law and order incidents this year as compared to 625 last year, he said.

There were 80 per cent successful anti-terror operations in which 160 terrorists, including foreigners, have been killed during the year.

Mr Singh said 102 terrorists have been arrested and 10 terrorists surrendered during the year.

He said that 102 Pakistan origin terrorists are still operating in Kashmir.

"Eleven valiant police personnel from Jammu and Kashmir besides 72 from other other security forces have been martyred," he said.

There was no collateral damage during anti-terror operation as people fully cooperated. "There was zero law and order problem this year (during anti terror operations)," he added.

The DGP said that "there has been a high degree of incidents of infiltration attempts from across the border this year and also ceasefire violations. But security forces have successfully foiled these attempted as 130 infiltrators have entered in 2019 as compared to 143 last year".

He said Jammu and Kashmir Police has set an example by handling the law and order situation in the most "exemplary" way following the abrogation of Article 370 provisions.

It was the biggest challenge faced by the force in 2019, but "we handled the most critical phase in the best way" and there was no civilian casualty during the period, he said.

Dismissing claims of minors being arrested by police in Kashmir, he said that it is being used as propaganda by some people and asserted that the J-K police has acted within the limits of law.

"We are open to scrutiny. The issue reached the Supreme Court which referred it to Jammu and Kashmir high court. The matter was inquired by the HC committee. The SC said that there is no misuse of law by law enforcement agency. J-K police has acted within the limits of law," he said.

Replying to queries on restoration of internet, the DGP said it is under consideration. "I think J-K is moving towards such a situation (on law and order front). Very soon you will hear positive announcement," Mr Singh said.

He said that though some people will try to misuse internet, "in the past, we took care of them and we will take care of such people in the future too".

Internet services in all government-run hospitals and SMS to all mobile phones will be restored from December 31 midnight in the Kashmir Valley, Jammu and Kashmir official spokesman Rohit Kansal said on Tuesday.

On December 10, some short message service (SMS) were enabled on mobile phones in order to facilitate students, scholarship applicants, traders and others. It has now been decided to fully restore the service throughout Kashmir from midnight of December 31, Kansal said.

Mobile Internet services were restored in Kargil district of Ladakh on Friday after remaining suspended for 145 days in the wake of the Centre abrogating provisions of Article 370 of the Constitution, officials said.

Internet services were suspended on August 4, a day before the Centre announced abrogation of Article 370 and division of the state into the union territories of Jammu and Kashmir, and Ladakh.

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News Network
May 4,2020

Bengaluru, May 4: Booze lovers ushered in the resumption of liquor sales in a spirited fashion in Karnataka onMonday thronging stores hours before shutters went up at severalplaces and made no secret of their celebratory mood.

At some places, they flocked liquor shops even before day-break and performed "special prayers" with flowers, coconuts,incense sticks, camphor and crackers in front of the stores.

Liquor outlets had been shut in the State from March 25 following the lockdown due to the COVID-19 pandemic.

Excise revenue loss during the period was about Rs 2,500 crore, according to government sources.

About 4,500 standalone liquor outlets (CL-2 and CL- 11licence holders), which comprise wine stores and those owned bystate-run Mysore Sales International Limited, outside containmentzones were allowed to be opened from Monday from 9 am to 7 pm withsome restrictions.

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These include customers compulsorily wearing of facemasks andmaintaining social distancing with not more than five people inside liquor shops.

Many customers were indeed well-prepared.

At many places, they came with umbrella, raincoat, newspapers and books and queued up as early as 3 am.

At a liquor shop in Salegame Road in Hassan, the tipplers lit the traditional lamp and incense sticks, performed 'aarati'with camphor and decorated the store with the garland of flowers.

With folded hands, they all performed 'special prayers'.

In Mandya, the tipplers queued up before Martaanda liquor shop before dawn.

An hour before the sales were to resume, a few people burst crackers in celebration.

Some tipplers in Belagavi were more "enterprising."

They wentto a liquor store on Sunday night itself, performed special prayersand placed their "representatives" in the form of slippers, bags and stones in the "social distancing boxes" they themselves had drawn sothat they don't have to stand in queue in the morning.

An elderly woman Dakamma was the centre of attraction in Shivamogga.

The bent body did not bend the determination of this spirited lady, claimed to be 96-year-old, who was heard saying "liquor is goodfor health."

At the taluk headquarters town of Brahmavara in the coastal Udupi district, the queue of the booze lovers was reported to be almost half-a-kilometre.

Long queues were seen at liquor stores at Mariyappana Palya and K R Puram, among others, in Bengaluru.

The store managers too were no less cautious while dealing with customers in the COVID era.

They let the customers enter after spraying sanitisers in their hands, and allowed only those who hadworn masks and maintained social distancing.

To maintain law and order, authorities had deployed policemen in good numbers at these stores and they were seen on duty ensuring  that customers maintained social distancing.

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