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 18,2020

Bengaluru, Apr 18: Hours after announcing that two-wheelers will be allowed to ply and that IT/BT companies can resume operations with 33 per cent strength, Chief Minister B S Yediyurappa on Saturday took a u-turn and rolled them back, citing “public opinion” as the reason. 

Earlier in the day, Yediyurappa announced that, after April 20, there will not be any restriction on the movement of two-wheelers in areas that are not COVID-19 containment zones. Yediyurappa also said that a third of IT/BT employees will be allowed to go to the office after April 20. 

“In the backdrop of public opinion and after discussions with senior officials, it has been decided that the prohibition on two-wheelers will continue throughout the lockdown period,” a statement from the Chief Minister’s Office said. “And in the IT/BT sector, only essential services will be allowed and the work-from-home policy will continue.” 

According to sources, the u-turn came following opposition from Yediyurappa’s Cabinet colleagues. “If I was in the meeting, I’d not have allowed it,” a minister said. Only Home Minister Basavaraj Bommai and Revenue Minister R Ashoka were in the meeting Yediyurappa held earlier in the day. The Opposition also stemmed from the fact that there was no need to make decisions on the lockdown when the Cabinet was scheduled to meet on April 20, sources said. 

The incoordination was apparent on Friday when Deputy Chief Minister CN Ashwath Narayan, the IT/BT minister, said 50 per cent of employees in the sector will be permitted to work while Yediyurappa said this would depend on the number of cases reported in the coming days. 

Other announcements made by Yediyurappa remain unchanged.

“Places, where COVID-19 cases are reported, will be identified as containment zones. In such containment zones, an incident commander will be appointed and given magisterial power. Teams comprising the police and health department officials will oversee the lockdown,” Yediyurappa said. “Lockdown will be much more stringent in these areas and no one will be allowed to step out. Essential supplies will be delivered home.”

According to Bommai, there were 32 containment zones in Bengaluru and ‘hotspots’ have been identified in eight districts.

With an eye on restarting economic activities, the government will allow construction work and industries. “In urban areas, construction work will be allowed to start wherever construction workers have the facility to stay on site,” Yediyurappa said. “The manufacturing sector in rural areas and industrial units located in the special economic zones (SEZ) and townships in urban areas will be allowed to function,” he said.

Stating that inter-state travel will be prohibited, Yediyurappa said the districts of Bengaluru Urban, Bengaluru Rural and Ramnagara will be considered as one only for the movement of industrial workers.

Asked about liquor sale, Yediyurappa said a decision will be taken after May 3. The government has already prohibited liquor sale till April 20 midnight.

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coastaldigest.com news network
May 24,2020

Nanded, May 24: In a sensational incident, a Lingayat seer from Karnataka was found murdered in his mutt in the Nanded district of Marathwada region of Maharashtra on Sunday.

The seer, who was strangled to death, has been identified as Shivacharya Nirvanarudra Pashupatinath Maharaj, the founder-spiritual head of Nirvanji Pashupatinath Mutt.

Addressing media persons, Nanded Superintendent of Police Vijaykumar Magar, the prime suspect, Sainath Langote first killed his accomplice Bhagwan Shinde and then went to the ashram late on Saturday.

He entered Shivaharya Maharaj's bedroom where he was resting and threw chilli powder in his eyes, blinding him.

Then he quickly grabbed cash of Rs 69,000, his laptop and other valuables in the bedroom worth approximately Rs.1.50 lakh, besides the seer's car keys.

As Shivacharya Maharaj attempted to grapple with him, Langote pinned him down and strangled him, then dragged his body to the sadhu's car parked outside and dumped it into the boot.

"He started the car and sped off towards the road outside, but the car crashed into the main gate of the ashram creating a noise, alerting the other sevaks sleeping inside the ashram," Magar said.

Around 8-10 other ashram sevaks rushed outside to check the ruckus and when they saw their seer's belongings and his body in the car trunck, they attempted to stop Langote, but he gave them the slip.

A short distance away, Langote managed to steal a motorbike and sped off into the darkness and hours later, the police found the body of his accomplice Shinde from a nearby school premises, Magar said.

In view of the sensitivity of the incident, Magar said around five crack teams were formed which fanned out into the district and managed to catch Langote this afternoon.

"The prima facie motive for the seer's murder was clearly robbery and the second killing could be due to rivalry or some differences among them. The absconder suspect has been caught by a police team. We will interrogate him and get further details of the crime," Magar said.

Nanded Congress strongman and PWD Minister Ashok Chavan appealed that the murder should not be politicized, since the police investigations are underway and the autopsy report is awaited.

He said the deceased sadhu belonged to the Lingayat caste, and both Shinde and Langote who belonged to the same community were his followers.

Shivacharya Maharaj had come to Nanded over a decade ago and set up the ashram which he ran along with a band of followers.

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News Network
March 25,2020

Pune/Bengaluru, Mar 25: e-Zest Solutions and Neurosynaptic Communications today announced the ReMeDi SCAN-CORONA platform, an innovative technology solution to help control the Novel COVID-19 pandemic.
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"Mass screening and testing is the need of the hour. With the scarcity of healthcare professionals, there is a need of technology enabled platforms to do this at a large scale with minimal to no human intervention. The ReMeDi SCAN-CORONA brings together remote healthcare expertise and the power of emerging technology such as AI & ML, and promises to reduce the load on the healthcare system, so that timely care reaches the right set of people as fast as possible," said Shree Shingane - Founder and Managing Director, e-Zest Solutions GmbH.
The solution features a Corona-Screen Kit - a portable, lightweight kit that includes basic screening tools that seamlessly connect and feed data into a Patient Health Record (PHR) system without any manual intervention.
It also features a geo-tagging powered Screening app that, by importing and analyzing data from the screening tools as well as travel and medical history. The input from a third-party COVID-19 rapid testing kit further enhances the accuracy of the outcome.
"ReMeDi SCAN-CORONA helps front-line health workers to quickly assess the essential risk factors for a person digitally. It has the unique ability to track the progression of symptoms with time. The tele-consultation facility allows individuals to obtain counselling as well as consult doctors independent of location, to access timely information and guidance. We are proud to present this solution in collaboration with e-Zest," said Sameer Sawarkar CEO - Neurosynaptic.
The beauty of this solution is that while it can bring a big relief for COVID-19 screening efforts, it is equally advantageous to heavily burdened Healthcare Providers in remotely treating the non-corona health requirements as well.
The team acknowledges the valuable contribution in terms of clinical inputs for application development, from Dr Nandakumar, a renowned public health expert.
"e-Zest vision is to leverage Healthcare technologies to impact human life positively. We are happy to be part of this collaboration & look forward to it's contribution to combat the pandemic challenge globally," said Devendra Deshmukh, e-Zest CEO.
This story is provided by BusinessWire India. ANI will not be responsible in any way for the content of this article.

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