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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coastaldigest.com news network
July 18,2020

Mangaluru, Jul 18: Days after Air India operated a flight from Qatar to Mangaluru,  the Karnataka Cultural Foundation (KCF) chartered a flight from Doha to this coastal city to repatriate the stranded NRIs. The flight landed at Mangaluru International Airport on July 16.

This KCF operated flight left the Hamad International Airport Doha at 9:35 am and reached Mangaluru international Airport at 16:10 pm on Thursday. 

The flight had over 174 NRIs, included pregnant women, patients in need of urgent medical treatment, senior citizens, and those who were stuck with expired visit visa and job loss. With the timely intervention Dr Arathi Krishna has helped a patient to make his approval from embassy, who had to leave for medical treatment on emergency basis.

Starting from the registration of travellers, KCF has provided all with the necessary documental, health-related information and each of them have been met by KCF representatives along with snacks and PPE kit to be worn during the journey as a precaution against the spread of the pandemic. 

Organization workers were constantly in touch with each of its passengers, supporting them for their safety and serve them during journey and stay at the hotels and this will continue until the quarantine is completed.

KCF, the proud organization of Kannadigas has been working in the public sphere, and this initiative of charter flight and their dedication on this have been praised by travellers.

On their successful charter, KCF thanks Dr Arathi Krishna, former vice-chairman of Karnataka State NRI Forum for her extensive support on acquiring relevant documental clearances. Sindhu B Rupesh, the deputy commissioner of Mangaluru, Dr Yathish Ullal, assistant commissioner of Mangaluru, Meena Nagaraj, the nodal officer, Bengaluru, are also praised for their timely approvals and permissions for this charter.

The untiring efforts, hard works by the workers and leaders of SSF, SYS and Karnataka Muslim Jama-ath have been appreciated and background supports by Moulana Shafi Sa-adi, the member of Karnataka state Waqf Board is also remembered by KCF Qatar.

The members of KCF Qatar have been tirelessly working behind this grand success, the chairman Abdul Raheem Saadi and general convener Muneer Magundi have thanked all its members, including Embassy officials and Indigo Airlines for all cooperation.

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Shamshuddin Mohammed
 - 
Sunday, 19 Jul 2020

Mask use for covid19 they use as tie

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News Network
May 16,2020

Bengaluru, May 16: At least 23 new COVID-19 positive cases have emerged in the past 19 hours, raising Karnataka''s tally to 1,079, a health official said on Saturday.

"New cases reported from Friday 5 p.m. to Saturday noon are 23," said the official.

Among the 1,079 cases, 548 are active and isolated in designated hospitals across the state, 494 patients got discharged and 36 died of the virus.

In the past 19 hours, cases spiked in Benglaluru Urban, the place hosting the highest number of coronavirus cases in the state.

Of the new cases, Bengaluru Urban reported 14 cases, followed by 3 in Hassan and Mandya, Ballari, Bagalkote, Davangere, Dharwad and Udupi, 1 each.

All the 14 cases, men, from Bengaluru Urban were secondary contacts of positive case 653.

All Hassan, Dharwad and Bagalkote cases had a history of inter-state travel to Mumbai, Maharashtra, India''s largest sufferer of Covid.

A 46-year-old man from Ballari had a travel history to Ahmedabad in Gujarat, another major COVID-19 hotspot state in India.

A 40-year-old man from Mandya had inter-district travel history to Kolar and Bengaluru.

A 1-year-old infant girl from Udupi had international travel history to Dubai.

Among the new cases, 15 are contacts of earlier cases.

Of the all cases, 20 are men and three women.

Only four of the 23 cases are above 50 and 18 below 40.

Of the 1,079 cases, 12 per cent patients were senior citizens, 66 per cent men and 34 per cent women with a discharge rate of 44 per cent.

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News Network
May 18,2020

Bengaluru, May 18: Over two months after his appointment as the Karnataka Congress President, DK Shivakumar is likely to take-over the reigns of the party officially on May 31.

"There are two dates, May 31 and June 7. He is most likely to officially take over as KPCC President on the 31st," sources close to Mr Shivakumar told PTI.

After remaining in a virtual vacuum for nearly three months, the party high command on March 11 appointed Mr Shivakumar, known to be the Congress' chief troubleshooter in crisis situations, replacing Dinesh Gundu Rao as KPCC chief.

Mr Rao had quit the post in December 2019 after the party's dismal show in the bypolls when it won only two of the 15 seats and yielded 12.

Congress sources said once the appointment letter came from the high command, he has been KPCC president and officially taking charge was just a formality.

"He will be officially handed over the party insignias and responsibilities relating to bank accounts and cheques, among other things, that has been traditionally followed," they said, adding the official take over was delayed by the coronavirus.

After his appointment as KPCC president, Mr Shivakumar has been meeting a host of senior party leaders and leading the party in the fight against coronavirus.

These include setting up of Congress' COVID-19 task force, alerting the government in its management of the crisis, holding weekly video conferencing with leaders of party's local units to gather information, among other things.

Sources close to Mr Shivakumar said the official take over would be a simple event, looking at the current situation due to the pandemic.

"Very few select party leaders and office bearers, say about 50 odd people, are likely to be in attendance at the simple event at KPCC office," they said, adding that arrangements may be made to telecast the event live for the benefit for party workers and local leaders.

A six-time MLA, Mr Shivakumar had a long wait for his appointment to the coveted post, due to opposition within. There were reports that Congress Legislature Party leader Siddarmaiah had lobbied in favour of one of his confidants for the top job.

In a first, appointment of three KPCC Working Presidents- Satish Jharkiholi, Saleem Ahammed and Eashwar Khandre, was seen as an attempt by those apposing Mr Shivakumar, to weaken his hold on the party.

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