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
February 29,2020

Kochi, Feb 29: The Kerala Non-Resident Indians' Commission on Friday passed a resolution to request the Centre and Election Commission (EC) to make appropriate amendments in the Representation of Peoples Act, 1951, to ensure voting rights to the non-resident Indians working abroad. According to People’s Representation Act, 1951, None-Resident Indians (NRIs) can vote by proxy.

The Commission is a statutory body constituted for the welfare of Non-Resident Keralites working outside India.

The Centre had introduced a bill for this purpose which was passed by the Lok Sabha in 2018, but the same has since lapsed.

Therefore, the Kerala NRI Commission decided to request the Centre to consider introducing the bill in the next session of Parliament considering the interest of the NRI community at large.

The resolution was moved by commission member and NRI entrepreneur Shamsheer Vayalil, who is also a petitioner in the writ petition, filed regarding this in the Supreme Court.

"The central government may consider introducing the bill in the next session of the Parliament session considering the interest of the NRI community at large," read the resolution which will now be sent to the Ministry of Law and the Election Commission (EC).

Commission chairman Justice PD Rajan said the right to vote for NRIs is a genuine demand.

"This is the time that we step up pressure on the agencies concerned to implement this. Voting from the workplace would be a different experience for them. It would be a decisive step," he said.

This fresh development comes at a time when a petition filed in the Supreme Court on the same topic last week came before a bench headed by Justice Deepak Gupta, which considered the case and said it will be heard in April.

"We are expecting a favourable decision from the Supreme Court. We would also approach the NRI commission in other states and request them to raise the same demand," said Vayalil.

If implemented, millions of NRIs around the world would be able to exercise their franchise in the electoral processes of the nation. According to the estimate of the Ministry of External Affairs, there are about 3.10 crore NRIs.

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News Network
June 22,2020

Bengaluru, June 22: Even as the covid-19 positive cases are steadily increasing in Karnataka, an expert has claimed that community transmission has begun in Bengaluru and cases could keep rising over the next two months.

“If you look at the natural course of this virus across countries around the world, it is about six months. Now we’re in the fourth month. This will go on for another two months. It also sounds like this is the beginning of the peak. There is also a possibility of the number of cases going up from now on. Even across India, cases are increasing,” says Dr CN Manjunath, director of Sri Jayadeva Institute of Cardiovascular Sciences and Research and State Task Force member.

Besides the increase in number of cases, the virus is advancing silently, stealthily. A lot of people who are testing positive are asymptomatic. In areas like Padarayanapura, Nanjangud and many places in north Karnataka, there have been positive cases who have not had any contact with infected individuals. Some cases recorded in Bengaluru over the last two to three days have not had any contact with Covid-positive people.

Dr Manjunath adds: “We are in community transmission. This will happen because nature is ahead of everything. We have to take all possible precautionary measures at our command. This has to happen. Only then some kind of herd immunity will be developed.”

“We are expanding the guidelines of testing to include a large number of people to be tested. Now, according to the Indian Council for Medical Research (ICMR) guidelines, only symptomatic Influenza like Illness (ILI) or Severe Acute Respiratory Infection (SARI), or a person coming in contact with an infected person are being tested.

But since we have crossed 100 days in Karnataka from the first reported case and we’re getting cases with no travel history or contact with a Covid-positive person, we have to start random testing across the sub-group population. Only then will we understand the burden of the disease and what precautions need to be taken,” he says.

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News Network
March 30,2020
Mangaluru, Mar 30: Kanachur Institute of Medical Sciences, Natekal, has started online tele-consultation service in the constituent Kanachur Hospital & Research Centre amid fear of corona spread.
 
A statement issued here on Monday said, under this service people can contact the doctors sitting in their home. The doctors will give tele-consultation and medical advice for their health problems through WhatsApp. As per the Kanachur Hospital announcement for this purpose the specialist doctors of nine departments will give their tele-consultation from 0900 hrs to 1600 hrs.
 
The people who are not having the social media service (WhatsApp) from rural areas they can directly contact the concerned department specialists over phone by informing the disease details and obtain advises from the doctors through the hospital landline number 0824-2888000.

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