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 27,2020

Bengaluru, Apr 27: As many as 345 Bengaluru-based journalists tested negative for coronavirus on Monday after undergoing a medical check-up got up for them at a hospital here, a top official said.

They had undergone the tests at the Sir C V Raman General Hospital here on April 25 and the results came out negative on Monday. They were among a total of 1,170 journalists who took the tests at the four-day medical check-up camp at the Hospital here from April 23.

"The medical check-up was done in four slots at the Hospital here from Thursday and concluded on Monday. A total of 1,170 journalists undertook the tests, 480 of them on Monday alone, the joint director of the Department of Information and Public Relation D P Muralidhar said.

The test reports of the 480 journalists may come out on Wednesday, he said. Only one journalist tested positive so far and has been admitted to the designated COVID-19 hospital, he said, adding 36 of his primary and secondary contacts have been quarantined.

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coastaldigest.com news network
May 26,2020

Mangaluru, May 26: In the wake of mounting case of covid-19 in the coastal Karnataka, the police department has decided to sanitise the police stations in Dakshina Kannada and Udupi districts.

The superintendents of police in both the districts have been instructed to take necessary steps for sanitisation of stations in a phased manner, according to Devajyoti Ray, inspector-general of police (Western Range).

Meanwhile, the top cops of Uttara Kannada and Chikkamagaluru that forms part of the Western Range have been asked to take a call on doing so. “Hebri police station in Udupi was sanitised as part of this process and not because of any positive case emerging from staff there,” he said.

Allaying fears over stations being sealed down over positive case among station staff, Karnataka police chief Praveen Sood said this is a temporary measure and stations do not become non-functional.

“It is just that, for a mandated period police station will function from different premise when the station is being sanitised,” he said.

Noting that policemen are quarantined as precautionary measure, he said additional staff can be drafted from other stations or districts if need for it arises.

Comments

Indian
 - 
Tuesday, 26 May 2020

COmmissioner harshs brain must be sanitized for comunal hatrate...he is one of the third class police offercer from DK..

Venu Gopal
 - 
Tuesday, 26 May 2020

Will sanitisation kill communal virus too?

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News Network
April 28,2020

Bengaluru, Apr 28: Former Karnataka chief minister Siddaramaiah on Tuesday suggested that the government can allow sale of liquor in green zones. 

“Merely because there is an economic slowdown in the state, I don’t recommend that alcohol should be allowed to be sold. But, wherever there are green districts, they can open (liquor sale) with certain restrictions, I think,” Siddaramaiah, the leader of the Opposition, told reporters. 

There are 14 districts in the state that are categorised as green because they do not have any active COVID-19 cases. The green districts are: Yadgir, Raichur, Koppal, Haveri, Davangere, Shivamogga, Chitradurga, Udupi, Chikmagalur, Hassan, Kodagu, Chamarajanagar, Ramanagara and Kolar.

There is tremendous pressure on the B S Yediyurappa administration to revive the economy as the lockdown has dried up all revenue sources. Excise, alone, accounts for 18 per cent of Karnataka’s own tax revenue. 

The Excise department recently suggested allowing regulated sale of liquor through the state-run MSIL outlets. The government, however, did not approve it fearing crowding and backlash from the Centre.

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