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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P  A Hameed Padubidri
June 9,2020

Is it highly impossible to have flights to Mangaluru under Vande Bharat Mission to repatriate the stranded Mangalureans in Saudi Arabia and other Gulf countries? The present mood of the govt seems so are more politics and less actions are seen. 

Amidst covid-19 lockdown, thousands of people from Mangaluru and surrounding areas are stranded in Saudi Arabia and other Gulf countries. They include visitors, job redundants, people who need immediate medical attention, senior citizens, pregnant women, students and people who are eager to visit their ailing family members, especially aged parents back at home. They are all stuck over there seemingly with hopelessness.

It's reported that around Karnataka NRIs (KNRIs) have registered their names under the Mission in the Indian Embassy in Riyadh alone. A majority among them are apparently from coastal districts of Karnataka who are eagerly waiting for the flights to Mangaluru. 

The promises of elected representatives including MLAs, MPs, state and central ministers have remained unfulfilled so far. Now, things are being thrown from politicians to politicians and from politicians to the district authorities and vice versa. It's said that without proper quarantine facility in the district, the repatriation flights can't be approved to Mangaluru. 

Rumours are doing rounds that the hotels in Mangaluru are not ready to facilitate for the KNRIs quarantines; the hoteliers collectively snubbed the instruction of the district authorities. Now, they are, as informed, persuading the hoteliers to allow for the quarantine facility. 

If the hoteliers are stubborn to follow the instructions of the district administration, then why the authorities are not taking action against them under relevant statutory procedure including the revocation/cancellation of their licenses? Are they above the law or govt? For whom the authorities are waiting for? These questions are now being asked by the KNRIs and others. 

Considering this condition, the central ministers and MPs are simply giving evasive answers without any forward thinking. Each one is simply uttering the same dialogue "no quarantine; no flights to Mangaluru". 

A few KNRI businessmen in Saudi Arabia have already chartered flights to transport their stranded employees and others to Mangaluru with the approval of the govt of India. But, the inconsolable thing is that the govt didn't arrange this simple thing that too with the expense of the travellers. 

The people-especially then distressed NRIs still remember late prime minister V P Singh and then external affairs minister I K Gujral for the repatriation of the NRIs during 1990s Gulf war. Everything was free of cost and immediate special flights were arranged to airlift the NRIs in the affected countries. 

Now both Karnataka and India are ruled by the BJP. Then why the non resident Kannadigas, especially those in Saudi Arabia, are direly neglected at this point in time?. Why it's highly impossible for the govts to do this simple job for the KNRIs?  The NRIs are always big assets to the govt. Also, the KNRIs remit billions of rupees to the state in the form of foreign exchange. But, they are now simply ignored. The state govt should immediately look into this dire situation of the Kannadigas in Saudi Arabia and act immediately to schedule special flights to Mangaluru from Saudi Arabia.

Comments

lovely Indian
 - 
Wednesday, 10 Jun 2020

because we have  MP nallinnan and in centre they consider muslim as enemy...we muslim must develop muslim community. today you give food & help kit tommorow they support BJP to harass muslim community..  even the educated ppl also same nowdays...look at UP doctor. if they dont give right to live in our own country then we must take it forcefully with or without blood

 

if they dont give right to live in our own country then we must take it forcefully with or without blood(1260 BAIBER the islamic worrier)

Abdul Muthalib…
 - 
Tuesday, 9 Jun 2020

Really good & timely writing by P A Hameed,

Even if we pay the flights fares, why the flights are not granted to Msngaluru as there are good number of presence of the Kannadiga Non Residents in Saudi Arabia & other gulf countries. Such a simple service can't be done by our Govt of Karnataka & India. It's really a surprise at the inaction of our people's representatives especially coastal regions including central minister. 
If Central & State Ruling by BJP than we can expect only this....

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News Network
January 25,2020

Bengaluru, Jan 25: Several women have completed a 24-hour protest here against the Citizenship Amendment Act (CAA) and are going strong to stretch it to 48 hours.

"More than a thousand women gathered on the Masjid Road at Frazer Town to denounce the CAA and National Register of Citizens (NRC)," participant and Mount Carmel College student Noor Zahira told IANS.

The women protesters extended their support to the students in Jamia Millia Islamia, the Aligarh Muslim University, the Jawaharlal Nehru University and others who were recently roughed up allegedly by police and masked goons.

Zahira, 20, said the women's protest was planned only for 24 hours but is continuing to touch 48 hours.

Starting 3pm on Thursday, the women, several of them in burqas, niqabs and hijabs, are sitting on the road just outside the Haji Sait mosque in Frazer Town in a flash protest. Though they have informed the police, they did not wait for the permission. Around 11 pm, police arrived and shut off the protesters' loud speakers.

Zahira said already four such women's anti-CAA protests were taken out in Bengaluru. Women from all ages groups have joined the protest and are sloganeering.

As the women are protesting on the road, men are guarding them standing on the opposite road, ensuring all supplies such as food and others to them, she added.

"Muslim women were not alone in denouncing the CAA... we were joined by the transgenders, Hindu women, Christian women, Dalits and others, " she said.

Some of the protesters also indulged in creative work such as composing songs against the CAA and making placards.

Though four anti-CAA women's protests happened at the Town Hall and other landmarks in Bengaluru, they were only a few hours long.

The protesting women are also showing support to women protesters at Shaheen Bagh in Delhi who were accused of demonstrating for Rs 500. However, the protest did not align anti-CAA demonstration with any political party, keeping it apolitical.

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News Network
February 26,2020

Mangaluru, Feb 26: The 'Yakshagana' stage in Karnataka is witnessing a curious spectacle with a Muslim woman artiste creating waves with her performances.

Arshiya, the artiste from Vittal in Dakshina Kannada district, is the first woman from the Muslim community to venture into the popular traditional theatre art form.

At one time, women were barred from Yakshagana stages.

A Muslim woman exponent on stage has attracted the attention of 'Yakshagana' lovers in the state.

Arshiya is now getting advanced training in her skills at the Kadali Kala Kendra under Ramesh Bhat here.

Arshiya, who is fond of 'Bannada Vesha' (villain roles), is now known in her stage name 'Tanu Vitla.'

She has already performed various episodes on stage and gained popularity.

Arshiya, currently working in an automobile showroom at Padil, said she was attracted to the art form from a very young age.

The initial enchantment with the art form came as she saw the role of Mahishasura in 'Sri Devi Mahatme Yakshagana Prasanga' (episode) performed near her home town.

She was attracted to all the elements of the art form, which combines music, percussion, dance, dialogues, stage techniques, make-up and costume.

Arshiya said she was also inspired by a teacher in her school at Vittal who trained her for a performance on stage during the school's annual day celebration.

She started performing on local stages at Vittal at the very young age of 10.

Arshiya now performs prominent roles on stage including Mahishasura in Sri Devi Mahatme Prasanga, the role which enamoured her in her childhood.

She also has donned the roles of Nishambhasura, Rakthabeejasura, Srinivas Kalyana, Sudarshanopakyana, Kadamba Kaushike and Shambavi Vijaya.

Her performances at Udupi and Karwar besides Mangaluru have earned her a lot of admirers, who love her 'Asura' roles, thanks to her loud voice.

Arshiya now wants to learn the 'Chende' (percussion instrument), which is an important element in Yakshagana performances.

Arshiya revealed that there was a bit of resistance from her community about her passion for the art form, but she had staunch backing of her family.

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