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
January 1,2020

Kalaburagi, Jan 1: Fighting penury and partial blindness in one eye, a 39-year-old part-time Kannada lecturer from Kalaburagi district is set to become a commercial tax officer after cracking the Karnataka Administrative Services.

Ambadas Kamble, from Kotana Hipparaga village in Aland taluk, had to take a three-year gap during his school and college years - one-year break after completing Class VII and two years to clear subjects after he failed in II PU examinations. During those three years, he joined his brothers in masonry work to supplement the family's income.

Sweeping aside all hurdles with grit and determination, Ambadas studied Kannada literature for both undergraduate and postgraduate to land the post of a part-time lecturer in a Kalaburagi college. His father died when he was a child, and mother Chandamma supported her family of six - besides, Ambadas, she has two sons and two daughters - by working in houses in the neighbourhood.

Ambadas said he would like to dedicate his success to his mother, who died in the year 2012. "My mother encouraged me to chase my dream - financial difficulties notwithstanding - and allowed me to spend time in the library when my siblings were busy doing menial jobs to fund my education. I'm grateful to my brothers too," he said.

His two brothers are working as masons in Mumbai, having quit studies midway and deciding to support Ambadas - the first in the family to complete graduation. He did high school at Tadkal village in Aland taluk, and college in Kalaburagi.

The lecturer, who's 40% blind in the right eye, cracked the KAS examinations in his third attempt and stood 706th in the state. He has been selected for first-grade officer's post. Alongside, he's doing PhD in Kannada literature.

When his efforts finally paid off, Ambadas landed four job offers: Hostel warden at Morarji Desai hostel, at an SC/ST hostel, post of a lecturer and the tax officer's post. He picked the fourth to serve the state in right earnest.

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coastaldigest.com news network
July 20,2020

Mangaluru/ Udupi, Jul 20: Dakshina Kannada has recorded 89 new covid-19 cases and five deaths whereas as Udupi recorded 98 cases in past 24 hours. 

Dakshina Kannada 

With five new deaths, the covid-19 death toll in the district mounted to 82. Among the five deceased, two are from Mangaluru taluk, one from Beltangady taluk, one from Bantwal taluk and one from Chikkamangaluru district. The deceased include a 2 month old child (from Bantwal). 

Out of the 89 cases, eleven persons had contracted the disease from primary contacts. Two persons had returned from the Gulf. Forty-five persons are suffering from influenza-like illness (ILI), and sixteen persons are suffering from Severe Acute Respiratory Infection (SARI). The health officials are tracing the contacts of fifteen others.

Meanwhile, 57 persons were also discharged from the hospital after complete recovery.

Udupi

With 98 new covid-19 cases, the total number of cases in the district today mounted to 2,321. Among them only 661 are currently active. 

1650 patients have been discharged from the hospital after complete recovery, and 11 persons have succumbed to COVID-19 in the district.

As of now, 213 throat swab samples are pending for results, 54 samples were sent for testing on July 20. On Sunday, July 20, 251 samples have tested negative. As of now, a total of 22357 swab samples out of the 24891 have tested negative for the coronavirus.

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coastaldigest.com news network
June 12,2020

Bengaluru, Jun 12: Karnataka on Friday reported 464 discharges, its highest, as the state confirmed 271 new cases of COVID-19 and seven related fatalities, taking the total number of infections to 6,516 and the death toll to 79.

In a significant development, the day also saw the total number of discharges overtaking the number of active cases in the state.

As of June 12 evening, cumulatively 6,516 COVID-19 positive cases have been confirmed in the state, which includes 79 deaths and 3,440 discharges, the Health department said in its bulletin.

It said, out of 2,995 active cases, 2,976 patients are in isolation at designated hospitals and are stable, while 19 are in ICU.

The seven deaths include four from Bengaluru, two from Kalaburagi and one from Hassan.

Those from Bengaluru are three women aged 61, 65 and 49 and a 52-year old man.

Among the dead from Kalaburagi are two men aged 53 and 48 while a 60-year old man from Hassan also succumbed to the virus.

Out of 271 new cases, 92 are returnees from other states, majority of them from neighbouring Maharashtra.

While 14 are those who returned from other countries.

Among the districts where the new cases were reported, Ballari accounted for 97 cases, followed by Bengaluru urban 36, Udupi 22, Kalaburagi 20, Dharwad 19, Dakshina Kannada 17, Bidar 10, nine each from Hassan and Mysuru, Tumakuru 7, Shivamogga 6, four each from Raichur and Uttara Kannada, three each from Chitradurga and Ramanagara, Mandya 2, and one each from Belagavi, Vijayapura and Kolar.

Udupi district tops the list of positive cases, with a total of 991 infections, followed by Kalaburagi (816) and Yadgir (735).

Among discharges also Udupi tops the list with a total of 474, followed by Kalaburagi (345) and Bengaluru urban (299).

A total of 4,26,341 samples have been tested so far, with 9,835 on Friday alone.

So far 4,11,244 samples have been reported as negative, and out of them 9,139 were reported negative today.

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