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
May 26,2020

Newsroom, May 26: A migrant worker died of hunger while a 10-month-old boy suffering from fever and breathing difficulties died negligence in two separate incidents onboard Shramik Special trains in Uttar Pradesh.

The 46-year-old dead migrant worker’s nephew, who was accompanying him, said that the victim had not eaten anything in the last 60 hours.

Raveesh Yadav said that no food or water was provided on the train, which they had boarded from Mumbai to travel to their native place in Jaunpur district in Uttar Pradesh.

Yadav and his uncle were working as construction workers in Mumbai.

Yadav told the paper that the train had left the Lokmanya Terminal in Mumbai, at 7pm on May 20 and arrived at its final stop, Varanasi Cantonment station, at 7.30am on May 23.

“But my uncle, who was complaining of hunger and pain all over his body, fainted half an hour before we reached Varanasi Cantonment and died within a few minutes,” Raveesh was quoted as saying.

He added that he and his uncle were hungry when they boarded the train but could not find food or water to buy.

Railways’ apathy

Meanwhile, the family of 10 month old child, who died in the train, alleged that the railways did not arrange for a doctor despite their repeated pleas.

The railway doctors had been moved to Covid-19 hospitals and by the time a doctor was provided at Tundla railway station, it was too late, the report quoted the child's grandfather, Dev Lal, as saying.

Lal said that the family members had tried to speak to the GRP at many stations, including at Aligarh, where the train had halted. "But they showed no interest and said any help would be available only in Tundla,” Lal said.

Railways officials then took the kin to a quarantine centre in Tundla, as they suspected that the baby had died because of the novel coronavirus.  It was only on Monday that the incident came to light when another individual at the quarantine facility intimated journalists after the condition of the child's mother worsened.

Last November, the mother of the child, Priyanka Devi of Bihar's Notan village in West Champaran, had gone to visit her parents who reside in Noida with the baby, who was then just four months old. Her husband Pramod Kumar is a farmer, the report added.

Comments

andh bakth
 - 
Tuesday, 26 May 2020

Vote for BJP and you need only hindutva dont worry about food, job etc.......jai modiji

very sad for baby:(

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News Network
January 18,2020

Bengaluru, Jan 18: The government slammed Kerala’s tourism department for putting out a tweet on Sankranti Day, promoting ‘beef ularthiyathu’, a specialty in that state, but the move backfired spectacularly with Karnataka’s tourism minister being heavily trolled.

After Kerala put out its advertisement, state tourism minister CT Ravi, seizing the opportunity, took a dig at the Left government in Kerala, saying, “Welcome to Karnataka”. He followed that up with another tweet listing delicious “vegetarian” dishes of coastal Karnataka — a coastline which runs to Kerala.

“Welcome to Karnataka to bring out the Vegetarian in you. Enjoy the flavors of Tulu Nadu – Pathrode, Kotte Kadubu, Halasina Hannina Gatti, Avalakki Upkari, Badanekayi Mosaru Gojju and a whole lot of authentic food to hit Your tastebuds,” Ravi’s tweet read.

Ravi’s tweet sparked a debate between those for and against eating beef, including legislators like Sowmya Reddy (Congress) and Shobha Karandlaje (BJP). Some pointed out that Karnataka is 80% non-vegetarian and an appropriate response to beef curry would have been “pandi curry” (wild pig curry) — a Kodagu specialty.

Realising his tweets were getting more negative than positive traction, Ravi quickly amended his stand and on Friday tweeted: “Nati Koli Saaru Mudde. Aw! Delightful Delicacy of Old Mysuru region. Farm bred Chicken traditionally cooked to perfection and served with the soft Ragi Mudde. You will ask for more !!!”

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News Network
April 3,2020

Bengaluru, Apr 3: Four people, including three who attended the Tablighi Jamat meet in Delhi, tested positive for coronavirus on Friday, taking the total number of the affected in the state to 128, the Health department said here.

The three men from Belagavi had attended the Tablighi- Jamaat congregation from March 13 to 18 at Delhi, while the other case was that of a 75-year-old man, who is a resident of Bagalkote.

A detailed investigation was underway to ascertain how he got infected, the department said in a bulletin.

It said that till date, 128 COVID-19 positive cases have been confirmed in the state, including three deaths and 11 discharges.

"With 128 cases we are in ninth position in the country in number of cases.Today four new cases were confirmed, of which three were those who attended Tablighi-Jamaat congregation," Primary and Secondary Education Minister Suresh Kumar told reporters, giving details about the bulletin.

He said 187 of the total of 288 samples collected from those who attended the congregation had tested negative and only 13 had turned positive so far.

"Out of 288 samples collected, we have got report for only 200 cases and are awaiting reports for 88," he added.

Though Kumar did not give any figures on the total number of people who went from Karnataka to attend theDelhi meet, the health department on Thursday had said nearly 1,000 people (including 19 foreigners) linked to Tablighi Jamat had been screened and swab samples of more than 200 people had been collected, while efforts are on to find out others.

Chief Minister B S Yediyurappa on Friday held a meeting with Muslim leaders and MLAs even as the government stepped up efforts to track those who might have travelled to the state after taking part in the meet in Delhi last month, which has turned out to be the hotbed of COVID-19 spread in the country.

After the meeting, the Chief Minister said Muslim MLAs agreed to provide details of those who attended the Jamaat's congregation to the government and also convince them to undergo COVID-19 tests, along with quarantining themselves.

Out of total of 114 active cases in the state so far, 111 patients (including 1 pregnant woman) are in isolation at designated hospitals and are stable, while three are in ICU (one on oxygen and two on Ventilators).

Seven of the 128 cases detected and confirmed were transit passengers of Kerala, who landed at airports in Karnataka and are being treated in the state.

Among the 128 positive cases, 51 were reported from Bengaluru, 21 from Mysuru, 10 from Bidar, nine from Dakshina Kannada, eight from Uttara Kannada, seven from Chikkaballapur, five from Kalaburgai, four from Ballari, three each from Davangere, Belagavi and Udupi, and one each from Kodagu, Tumakuru, Bagalkote and Dharwad.

Those discharged include nine patients from Bengaluru and two from Kalaburagi and among the deceased are one each are reported from Kalaburgari, Bengaluru and Tumakuru.

The Chief Minister held a series of meetings to review the measures taken to control the spread of COVID-19 and implementation of lockdown in the state.

He asked the labour department to deposit an additional Rs 1,000 from the Construction Workers Welfare Fund to the accounts of 15 lakh labourers in the sector.

The government has already deposited Rs 1000 to their accounts (amounting about Rs 150 crore) in the first round.

During the meeting the shortage of Personal Protective Equipment (PPE) Kits for Doctors and health care professionals was discussed.

"Work order has been issued for 1 lakh PPE kits, and the Chief Minister has issued directions for the supply of 2 lakh more PPE kits," Kumar said.

Yediyurappa also chaired a meeting with Ministers from Bengaluru on steps to be taken to control spread of COVID-19, as the city has more than half the confirmed cases in the state.

He also decided to covene a meeting of city legislators in this regard on Saturday morning.

Kumar said it was also decided not to provide food free of cost at the state run Indira Canteens as concerns were raised about the quality and misuse that was happening during the Chief Minister's meeting with ministers today.

"We have decided to stop free food supply...we are providing foodgrains to poor through ration already," he said.

However, the Canteens will continue to provide subsidized food- breakfast at Rs 5 and lunch and dinner at Rs 10.

The government last month had decided that Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

Meanwhile, in view of COVID-19, emergency Additional Chief Secretary, H&FW Department ordered extension ofservices of Medical and Para-medical staff, Clinical and Nonclinical staff retiring in April and May this year, to June 30.

Amid reports of lack of co-ordination between Medical Education Minister K Sudhakar and Health and Family Welfare Minister B Sriramulu, Chief Minister Yediyurappa has tasked Suresh Kumar to brief the media on COVID-19 related daily bulletins, official sources said.

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