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
March 5,2020

Lucknow, Mar 5: Uttar Pradesh chief minister Yogi Adityanath said last night that the role of teachers would come under the scanner when "anti-India" slogans are raised at universities and institutions of higher education.

"When anti-India slogans are raised at institutions of higher education, we should be prepared to ask why this type of distortion occurrs among our students?" he said at a programme organised by the Basic Shiksha Parishad in Lucknow.

"We begin our work with pledge for the country's unity and integrity and today slogans are raised for the division of the nation. In such a situation, questions are raised over the role of teachers who are considered equal to god in society," he said.

"Who all are involved in this sin and chaos? Governments can provide resources, but the one who has given them basic education, who has given them secondary education and who has led them to that place, all of them should evaluate their actions today," the chief minister said.

Speaking about the condition of education in the state when his government came to power three years ago, he said there was an atmosphere of chaos and anarchy in the state and the condition of basic education was very bad.

"The worst problem was that of proxy teachers. Our government started the process of prohibiting proxy teachers in the first phase," he said.

Adityanath said that a teacher is not just a government servant, but the fate of the nation. He said teachers should learn from Chanakya.

Had Chanakya confined himself to Nalanda University, he would not have been able to make India a superpower of the world during that period. Teachers will have to prepare themselves according to the challenges and need of society, he added.

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News Network
January 2,2020

Bengaluru, Jan 2: Former chief ministers of Karnataka Siddaramaiah and H D Kumaraswamy on Thursday launched a scathing attack on Prime Minister Narendra Modi as he embarked on a two-day visit to the state attend events in Tumakuru and Bengaluru. In a series of tweets, the Congress and the JD(S) leaders took a dig at Modi for his alleged failure on various fronts.

"You did not visit Karnataka when it was devastated by floods, you did not visit Karnataka when our farmers cried for help, but all of a sudden, when you want to launch your political propaganda, you remember the innocent people of Karnataka. Wah Modi Wah!!" Siddaramaiah tweeted.

In another tweet, the Congress leader claimed Karnataka is starved of Central government funds as there were no adequate flood relief, no GST revenue loss compensation and there was a delay in the transfer of grant-in-aid.

He further said, "Before attempting to fool our people, let the people of Karnataka know when they will get their due share!" He also sought to know from Modi why the 25 MPs from Karnataka have 'turned off' their engines.

"With 25 MPs from BJP and a state government with BJP, people hoped for a double engine. Instead, all BJP representatives have turned off their engines and have become sycophants to play a tune to your idiosyncrasies. Why, are they scared of you?" Siddaramaiah said.

Seeking an explanation on various incomplete projects, the Congress leader said, "Mr Narendra Modi, people are fed up of your lies and double-edged sword comments. We want your answer today about long-standing questions on: Kalasa Banduri Yojana, Belagavi border issue, exams in Kannada, Tulu & Kodava in 8th schedule, the list goes on." Kumaraswamy too minced no words as he went on the offensive against the Centre.

In his tweets quoting newspaper reports, he said Karnataka's coffer has dried up, financial position is in doldrums and the revenue has plummeted.

"What's the reason (behind poor economic situation)? The poor economic policies of the Centre. After swallowing the GDP and development of the country, the wrong policies have affected the state too," alleged Kumaraswamy.

Quoting reports, Kumaraswamy said the Centre has denied the state's share of revenue.

"About 5.44 per cent of state's share is yet to come from the Centre. This is step-motherly attitude of the Centre towards the state," Kumaraswamy tweeted.

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News Network
February 9,2020

New Delhi, Feb 9: Calling India a "long-standing friend", Sri Lankan Prime Minister Mahinda Rajapaksa on Saturday thanked Prime Minister Narendra Modi for visiting his country in the aftermath of last year's Easter Sunday terror attacks and outlined that New Delhi has always helped Colombo in its fight against terrorism.

In a joint press briefing with PM Modi, Mahinda Rajapaksa said he hopes that India will continue to help Sri Lanka fight terrorism.

Mahinda Rajapaksa expressed his gratitude to PM Modi for the neighbourhood first policy and the priority India gives to Sri Lanka.

"We had agreed that our cooperation is multifaceted and priority is given to a number of areas including security, economy, culture and social sectors. Part of our discussions centered on cooperation with regard to the security of the two countries. India has always assisted Sri Lanka to enhance our capacity, capabilities in intelligence and counter-terrorism. We look forward to getting continued support in this regard," he said.

"I thank the Prime Minister for visiting Sri Lanka in the aftermath of the Easter Sunday terror attacks that provided us with immense strength to come to terms with the tragedy. We also appreciate Prime Minister Modi's $400 million line of credit to enhance the economy of Sri Lanka and another $50 million line of credit for fighting terrorism," he added.

The Sri Lankan president urged PM Modi to consider further assistance to expand housing projectS all over Sri Lanka to benefit people from rural areas.

"The Prime Minister and I discussed how Sri Lanka and India can work together in the field of economy. India is among the world's fastest growing economies. I discussed with PM Modi how Sri Lanka could benefit from certain economic sectors where India is in a strong position," he said.

Concluding his statement, Mahinda Rajapaksa said, "India is our closest neighbour and a long-standing friend. The close historical links...provided a solid foundation to our ties."

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