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...

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.

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.

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.

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.

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?

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.

Underage marriage is still practiced by muslims

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.

Some community men like young underage girls for . We welcome the order.

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..

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?

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

7 candidates set to be elected unopposed into Karnataka Legislative Council

News Network

June 20,2020

Bengaluru, Jun 20: Nine candidates filed their nominations for the June 29 elections to seven seats of the Karnataka legislative council on Thursday.

While the BJP has fielded four candidates, the Congress has given tickets to two and the JD(S) to one candidate respectively for the biennial elections to seven seats of the legislative council to be elected by the MLAs.

One independent and one person claiming to be affiliated to BJP have also filed their nomination papers at the office of Legislative Assembly Secretary MK Vishalakshi, who is also the returning officer for the polls.

"The nominations of two candidates without any proposers is likely to be rejected during scrutiny of the papers on Friday. So seven candidates will be in the fray for as many berths. Hence the election is likely to be unopposed if no one withdraws nominations," official sources said.

While scrutiny will take place, Friday, June 22 is the last date for withdrawal of candidature.

The election is necessitated as the term of seven MLCs — Naseer Ahmed, Jayamma, M C Venugopal, N S Bose Raju, H M Revanna (all Congress), T A Sharavana (JD(S)) and independent D U Mallikarjuna — will end June 30.

Based on their strength in the Assembly, while BJP is in a position to win four out of seven seats, Congress can win two and JD(S) one.

Twenty-eight valid votes of MLAs are required for each candidate to win.

Four BJP candidates MTB Nagaraj, R Shankar, Sunil Vallyapure and Pratap Simha Nayak filed their nominations today, after the party high command announced their names late on Wednesday.

Nagaraj and Shankar had played a key role in the formation of the BJP government after the coup that led to the collapse of Congress-JD(S) coalition.They had subsequently defected to the saffron party.

While Nagaraj lost the bye-elections held later, Shankar did not contest in exchange for a Council berth promise.

Among the other BJP candidates, Vallyapure is a former MLA from Chincholi and had given up his seat abiding by the party decision to field Avinash Jadhav, while Nayak is a senior party worker and had served as Dakshina Kannada district president.

A BJP insider said Shankar and Vallyapure have been given MLC tickets as they had given up their Assembly seats, while Nagraj was considered as he had faced a defeat during the bypolls because party MP B N Bachhe Gowda's son Sharath contested as a rebel.

Nayak's candidature is being seen as BJP high command's choice by party insiders, ignoring the state units recommendation of AH Vishwanath, a former JD(S) MLA who had defected to BJP.

Two Congress candidates, senior party leader BK Hariprasad and incumbent Naseer Ahmed also filed their nominations today.

Hariprasad's name was announced by the party on Wednesday, even as his tenure in Rajya Sabha is to end on June 25.

Naseer Ahmed, who is retiring as MLC on June 30 is seeking another term.

The choice of candidates by the Congress high command is being seen as a mixed bag for CLP leader Siddaramaiah as Naseer Ahmed is said to be close to him, while Hariprasad is considered among his adversaries.

In a surprise move, JD(S) has fielded Govinda Raju from Kolar as the party candidate for the MLC polls.

Incumbent MLC T A Sharavana and outgoing Rajya Sabha member Kupendra Reddy were seen as the prime aspirants for the ticket.

JD(S) leader and former Chief Minister H D Kumaraswamy said Govinda Raju was chosen as it would help organise and strengthen the party in Kolar and Chikkaballapura region.

The independent candidate who has filed his papers today is P C Krishnegowda, and the one who filed his nomination claiming to be associated with BJP is Mandikkal Nagaraja.

Comments

BJP has selected the candidates based on their wealth only and not on their education. Wealth is the primary preference for bjp and these people come to politics only to skip from tax and accumulate unaccountable money and save black money. they never come to politics with an intention to serve public. We cant find 1 percent of politicians who is sincere and cares for public. All of them are selfish and look their pocket only. This is general in all the political parties.

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

2 Sangh Parivar members held for hurling petrol bomb at mosque

News Network

March 11,2020

Mar 11: Two activists of Sangh Parivar have been arrested by the police in Tamil Nadu’s Coimbatore for hurling a petrol bomb at a mosque in Ganapathy on March 5.

The miscreants had hurled petrol bombs at the front gate of Hidayathul Sunnath Jamath Mosque at Vedhambal Nagar near Ganapathy in Coimbatore around 1 am on March 5. Since the bomb did not explode, nobody was injured in the incident.

Following a complaint from the Secretary of the Jama’ath, the police had formed three separate teams to nab the miscreants.

Based on tip-offs, the police detained BJP member Pandi (41) and VHP member Akhil (23), both from Rathnapuri in Coimbatore for inquiry. The duo has also been remanded to judicial custody.

According to a statement by the Coimbatore police, the accused told the police that they hurled petrol bomb at the mosque to protest against the attack against Anand, a Hindu Munnani functionary a few days ago. The accused also reportedly told the police that they were planning to create more chaos.

Madukkarai Anand, the District Secretary of Hindu Munnani was attacked on March 4, while he was returning home after participating in a pro-CAA dharna organised by the BJP and allied parties in Gandhipuram.

He was allegedly followed by men on two motorbikes, who attacked him with rods. Anand suffered head injuries in the attack and was admitted to a hospital. The Podanur police registered a case for attempt to murder based on a complaint and had also formed special teams to nab the accused. However, no one has been apprehended in that case till now.

Based on the statements given by the accused, the police arrested the two men, seized the two-wheeler they used, two cell phones and the things they used to manufacture the petrol bomb.

Comments

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

Here's the first phase flight plan for return of Indian nationals stranded abroad

coastaldigest.com news network

May 5,2020

Newsroom, May 5: Following the union government's nod, preparations are afoot to bring back Indian nationals stranded abroad from May 7 onwards.

According to sources, in the first phase from May 7- 14, the government would allow more than 60 “non-scheduled, commercial” flights to operate from about 12 countries to India to bring back 15,000 citizens. At least half of those flights will be from the Gulf region, including UAE, Qatar, Saudi Arabia, Bahrain, Kuwait and Oman, while the rest would bring passengers from the U.S., the U.K., Singapore, Malaysia, Philippines and Bangladesh.

The flights would be spread over 10 States identified as having the largest numbers to return, with Kerala, Tamil Nadu and Delhi (NCR) receiving the maximum number of flights.

A meeting held at the Ministry of Civil Aviation looked specifically at flights, mainly operated by Air India, while it awaits a final plan from countries where Indians need to be airlifted from. The first flights planned at present are from Abu Dhabi, Dubai, Riyadh and Doha, flying directly to Kozhikode and Kochi.

While the full estimate of Indians needing to return home could cross ten lakhs (a million), with more than two lakhs having registered to return from the UAE alone, officials said their return would be “prioritised and staggered”.

Flight plan for return of Indian nationals stranded abroad: