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
June 28,2020

Bengaluru,  Jun 28: Sixteen deaths due to COVID-19 and 1,267 new cases of COVID-19 were reported in Karnataka, according to information provided by the State Health Department.

The total number of COVID-19 cases in Karnataka has reached 13,190, including 783 cases from Bengaluru Urban. While 7,507 patients have been discharged after treatment, 207 deaths have been reported, said the health department.

With 19,906 new cases, the highest single-day spike so far, India's COVID-19 count touched 5,28,859 including 2,03,051 active cases, 3,09,713 cured/discharged/migrated, according to the Union Ministry of Health and Family Welfare. 410 deaths were reported in the last 24 hours and the cumulative toll reached 16,095 deaths. 

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News Network
February 24,2020

New Delhi, Feb 24: A book on the history of the Bharatiya Janata Party (BJP) will become a part of a course in the Islamic University of Indonesia, as the party’s two consecutive victories in India’s general elections has evoked interest among academicians, a faculty member said.

The book, titled Bhartiya Janata Party — Past, Present & Future, Story of World’s Largest Political Party and written by Shantanu Gupta, will become a part of the syllabus for undergraduate students of South Asian studies in the Department of International Relations.

Hadza Min Fadhli, a faculty member at the university, said there was a rising interest in the BJP’s rise among academicians in Indonesia, especially after the party won two general elections in India.

He said the book would be part of the syllabus for undergraduate courses in South Asian studies in the Department of International Relations.

Mr. Hadza said he got to know about the book during a recent visit to India as part of the Kautilya Fellowship programme, organised by the India Foundation. “We in Indonesia intend to further strengthen our relations with India. Therefore, it is important to understand its ruling party. We expect the BJP would also intend to do the same,” Mr. Hadza said.

When asked about the book being selected to be a part of a course in an Indonesian university, Mr. Gupta said global recognition of his work is immensely satisfying.

This book chronicles the history of the BJP which, Mr. Gupta said, described the saffron party as the latest political manifestation of the various nationalist movements that the country has seen.

Mr. Gupta has authored five other books, including a biography of Uttar Pradesh Chief Minister Yogi Adityanath and a book on football in India.

Comments

Fairman
 - 
Tuesday, 25 Feb 2020

Stupidity of faculty.

 

 

They should know the reaction of Malaysians to BJP's attrocities.

 

sharief
 - 
Tuesday, 25 Feb 2020

When Malaysia outright knows BJP's agenda, they reacted. 

This decission of Indonesian faculty shows clear stupidity and his mental stability.

 

God give wisdom to Indonesians

 

 

 

 

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News Network
March 10,2020

Mangaluru, Mar 10: Tension prevailed in the city after an international flyer quarantined at the District Wenlock Hospital walked out of the facility.

The passenger, with a recent travel history to high-risk countries, refused to cooperate with health officials. The day-long drama ended when the district administration intervened and the flyer agreed to get himself re-admitted.

Deputy commissioner Sindhu B Rupesh said the passenger had fever and was sent to an isolation ward. “The passenger is cooperating with the treatment and samples have been collected for testing,” she said. The samples will be sent to a testing centre in Bengaluru.

Sources told  that rude behaviour by staff at Mangalore International Airport may have angered the passenger and he walked out of the quarantine facility.

She said if passengers show reluctance to be screened, they should first be counselled and allowed to get themselves admitted to a hospital of their choice with quarantine facility. If they still refuse to cooperate, they will have to be hospitalised forcefully, she added.

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