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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March 24,2020

Mangaluru, Mar 24: Amidst uncertainty and fear in the wake of coronavirus outbreak, the prices of vegetables and fruits have shot up in the coastal city of Mangaluru.

Fearing complete closure of shops, people arrived at the market to purchase vegetables in large numbers today morning.

Encashing the situation, the traders too increased the prices of vegetables and fruits.

Tomatoes that were sold for Rs 15 to 20 per kg in the last few days were sold at Rs 40 to 60 per kg. 

Long yard beans were sold at Rs 50 per kg while okra fetched Rs 60 per kg in the market. Onions were sold at Rs 40 to Rs 60 per kg.

Owing to rumours, the price of chicken was reduced to Rs 50 per kg. On Monday, it had increased to Rs 70 to Rs 80 per kg.

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News Network
June 19,2020

Bengaluru, June 19: Karnataka Chief Minister B.S. Yediyurappa''s home-office in the city centre was shut for sanitisation after the husband of a woman employee working there tested COVID-19 positive, an official said on Friday.

"The chief minister''s home-office has been closed for sanitisation after the employee''s husband tested positive for coronavirus," an official of the Chief Minister''s Office told media persons here.

The employee did not report for duty for two days after her husband was infected with the virus.

"The chief minister''s engagements, including an official event involving the state police department were shifted to the Vidhana Soudha (state secretariat)," said the official.

As the employee was on outpost duty, she did not come in contact with the Chief Minister or his cabinet colleagues and other senior officials.

Earlier in the day, the divisional railway manager''s office in the city centre was shut for sanitisation after a visiting employee tested positive for coronavirus.

"The three-floor DRM office has been closed for the day for santisation and all employees have been advised to work from home as one of our staffer who visited the office early this week tested positive for COVID-19 on Thursday," senior Divisional Commercial Manager Krishna Reddy told media persons here.

The DRM''s office is located adjacent to the Krantivira Sangoli Rayanna (KSR) main railway station in the city centre.

The state''s mini secretariat Vikas Soudha adjacent to the iconic Vidhana Soudha in the city centre has also been shut for sanitisation after a government employee working in it tested COVID positive.

The Bruhat Bengaluru Mahanagara Palike (BBMP), entrusted with the task of containing the virus spread, has already sanitised a portion of the massive building in the city centre.

After an employee of the food and civil supplies department tested positive, all offices on the ground floor of the mini-secretariat were sealed and sanitised.

The city registered 17 fresh cases on Thursday, taking the total number of positive cases to 844. With 14 discharged earlier in the day, 384 have been cured of the infection, while 408 are under treatment.

Of the 114 COVID deaths across the southern state since March 10, Bengaluru has accounted for 51 till date.

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News Network
March 20,2020

New Delhi, Mar 20: The four men convicted of the gang rape and murder of a Delhi woman on December 16, 2012 were hanged in the darkness of pre-dawn on Friday, ending a horrific chapter in India's long history of sexual assault that had seared the nation's soul. Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya, the fearless one.

This is the first time that four men have been hanged together in Tihar Jail, South Asia's largest prison complex that houses more than 16,000 inmates. The executions were carried out after the men exhausted every possible legal avenue to escape the gallows. Their desperate attempts only postponed the inevitable by less than two months after the first date of execution was set for January 22.

They were hanged at 5.30 am, Director General of Prison Sandeep Goel said.

After raping and brutalising the woman, the men, one of whom was a juvenile at the time, dumped her on the road and left for dead on the cold winter night. Her friend who was with her was also severely beaten and thrown out along with her. She was so severely violated that her insides were spilling out when she was taken to hospital. She died in a Singapore hospital after battling for her life for a fortnight.

Six people, including the four convicts and the juvenile, were named as accused.

While Ram Singh allegedly committed suicide in the Tihar Jail days after the trial began in the case, the juvenile was released in 2015 after spending three years in a correctional home.

The road to the gallows was a long and circuitous one, going through the lower courts, the High Court, the Supreme Court and the president's office before going back to the Supreme Court that heard and rejected various curative petitions.

The death warrants were deferred by a court thrice on the grounds that the convicts had not exhausted all their legal remedies and that the mercy petition of one or the other was before the president.

On March 5, a trial court issued fresh death warrants for March 20 at 5.30 am as the final date for the execution.

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