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
February 19,2020

Hassan, Feb 19: A 19-year-old boy, in a bid to impress his girlfriend, stole a sports bike from an OLX seller but cops managed to reach him through her on Tuesday.

The accused, Pramod, who works at a bakery, had been involved in a bike-lifting case two years ago too.

On February 9, Pramod saw an advertisement on online marketing platform OLX from Puneeth, a farmer from Shravanabelagola town, who wanted to sell his sports bike for Rs 1.4 lakh. Pramod called him up and the two agreed to meet around 6pm that evening at Shravanabelagola town bus stand.

Once there, Pramod, a college dropout, assured Puneeth that he would buy the bike but wanted to take it for a test drive. The seller agreed. A few minutes passed and when there was no sign of the bike or Pramod, Puneeth tried calling him. The phone was switched off and could not be contacted since. Puneeth immediately filed a cheating case with the Shravanabelagola police.

SP R Srinivas Gowda and ASP BN Nandini put together a team and began tracing Pramod's call detail records. Maximum calls were made to a single number and it turned out to be his girlfriend's.

Cops called the girlfriend and on Tuesday, asked her to contact him and ascertain his location. They traced him near Hassan city's railway station and nabbed him along with the bike. On interrogation, Pramod confessed that he wanted to impress his girlfriend and take her on long drives on the sports bike.

Police said Pramod, who belongs to Bandithimmanahalli village of Alur taluk, dropped out of college two years ago and has been working at a bakery in Sahyadri Circle.

While working, he has been involved in several incidents of bike-lifting. Cops said he appeared to have strained relations with his family and had taken to crime to make a quick buck.

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News Network
March 29,2020

New Delhi, Mar 29: "What corona? My children are hungry, they have walked from Gurugram with me do you think corona is what I fear?," Yogesh Gangwar who is salesman in a cloth showroom said as he wiped his tears.

Many others regret for not leaving the city early on.

"God knows when we will reach our hometown. My family was telling me to leave work early in March and get back, but I avoided suggestions and now I am stranded here," Babu Ram who hails from Rampur and works at a plastic recycling factory here in Mundka told media.

Migrant labourers were forced to walk as the public transport were closed and borders were sealed due to the lockdown.

"There is no food to eat, I cannot pay rent of room without my daily wages so I decided to walk with my family from Narela to here. I just hope I get a bus soon," Revati, who works as construction labour said as she fed her three-year-old with pieces of bread that one of the policemen at Anand Vihar gave her.

However, when Yogi Adityanath-led BJP government in Uttar Pradesh decided to deploy around 1,000 buses to help these workers reach their respective hometowns, thousands of them reached Anand Vihar ISBT with a hope to catch one of these buses.

The Delhi government also announced that 100 buses have been deployed to help those trying to reach to their homes in other states on foot.

In order to avoid the spread of the virus, the police asked the people to stand in three queues and also asked the people to de-board the overcrowded buses.

Earlier, budget passenger carrier SpiceJet had offered its aircraft to operate few flights from Delhi and Mumbai to Patna to take migrant labourers, particularly from Bihar, who have got stuck in various parts of the country due to COVID-19 related lockdown.

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News Network
June 26,2020

Bengaluru, Jun 26: The National Restaurant Association of India (NRAI) on Thursday came up with a Standard Operating Procedure (SOP) for restaurants whereby among other physical distancing norms, it has suggested a 2-metre gap between tables.

Formulated in partnership with Releski, a Bengaluru based skill-tech company, the SoP suggests that in case of back-to-back seating, people sitting with their backs towards each other will have their seats divided by 'Plexiglass' divider raised up to 2 meters from the ground.

"In a typical restaurant, the improvised seating plan should have a minimum distance of 2 metres between tables. The distance of 2 metres (6 feet) between tables should measure from one edge of the table to the other table's edge," it said.

In case of loose or free seating such as in banquet style or food court style seating, a minimum 2 meters of distance should be maintained between tables.

The guidelines noted that, to encourage physical distancing, restaurants have to sacrifice their seating capacity, to promote health and safety, and also to gain trust from their patrons.

"In order to perform this, divide your restaurants under different sectors. Pull out your restaurant's floor plan and colour code different sections red and yellow. Red sections are potential areas where maximum footfall or traffic is observed. Yellow sections are areas where the footfalls are average," it said.

All the red sections are encircled or bordered by placing barricades or Q manager and will open at specific points to access the yellow section and all the opening points will have hand sanitisers and sprays, and every guest who walks from red zones to yellow zones will sanitise himself/herself to reduce the chances of contamination.

For air conditioning, the guidelines of CPWD shall be followed which inter alia emphasises that the temperature setting of all air conditioning devices should be in the range of 24-30 degree Celsius, relative humidity should be in the range of 40- 65 per cent, intake of fresh air should be as much as possible and cross ventilation should be adequate, the guidelines suggested.

The industry body has also suggested appointment of a COVID-free Ambassador who would operate as the Chief Health Officer within the restaurant team, preferably from the management team in each shift.

The ambassador's would put the new daily work routines into practice, to monitor compliance with good practice and to lead the preventative measures, adapt to health & safety recommendations and requirements of the restaurant and oversee the implementation of the norms.

Anurag Katriar, President of NRAI and CEO & Executive Director of deGustibus Hospitality, said: "Every restaurant cutting across formats is facing the harsh reality of subdued to shut business volumes in the present and the uncertainty of business environment in the future. One thing is certain that hygiene and safety will be a key differentiator in the post-pandemic restaurant operations."

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