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?

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.
News Network
June 6,2020

New Delhi, Jun 6: With the coronavirus pandemic showing no signs of abating, it seems unlikely that Muslims from India will be able to undertake the Hajj pilgrimage this year.

However, the government will take a final decision on the matter only after Saudi Arabia makes its position on hosting the pilgrimage clear.

A circular issued by the Hajj Committee of India on Friday said only a few weeks are left for the preparatory work in India for Hajj 2020, yet the Saudi authorities have not communicated any further development regarding the pilgrimage.

"In view of the several inquiries received and concerns expressed over uncertainty over Hajj 2020, it has been decided by the Hajj Committee of India that, those pilgrims who desire to cancel their Hajj journey this year, their 100 per cent amount paid so far will be refunded without any deductions," the circular issued by Hajj Committee of India CEO Maqsood Ahmed Khan said.

"Coronavirus cases are increasing in Saudi Arabia and two lakh people have to go from here. We had made preparations, but now there is very little time left. We are waiting for an official word from Saudi Arabia," a top source said.

In response to a question, the source said, "This time, it is unlikely that people will be able to undertake Hajj from India."

Uncertainty has been looming large over this year's Hajj in the wake of the coronavirus pandemic and though Saudi Arabia has not made a decision on whether the annual pilgrimage will be held or not, it did ask Muslims to delay their bookings till there is more clarity.

The bilateral annual Hajj 2020 agreement between India and Saudi Arabia was signed last December. In 2020, a total of 2 lakh Indian Muslims were expected to perform Hajj.

Over 95,000 COVID-19 cases and more than 600 deaths have been reported in Saudi Arabia due to the coronavirus pandemic, according to Johns Hopkins University data.

Some countries have decided not to send their people for Hajj this time. The most prominent among these is Indonesia, the country with the largest Muslim population in the world.

The Hajj 2020 is proposed in the period between late July and early August.

The Hajj is one of the five pillars of Islam which every Muslim is required to complete at least once in their lifetime if they are healthy enough and have the means to do so.

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.
coastaldigest.com news network
May 31,2020

Bengaluru, May 31: With places of worship expected to reopen on June 8, the Karnataka State Minorities Commission has released guidelines for mosques and dargahs, that include social distancing, temperature testing and compulsory hand washing.

Abdul Azeem, commission chairman said, "Everyone will have to maintain one-metre distance and carry their prayer mats. They will all be scanned and Farz prayers will be held for 10-15 minutes. Friday prayers should be completed within 20 minutes."

Distribution of tabarukh, shaking hands, and overcrowding inside mosques will not be allowed.  The Muzrai department also issued guidelines for temples, like mandatory face masks, sanitisation of sanctum sanctorum and thermal screening.

In a letter, the Hindu Religious Institutions and Charitable Endowment Department mentioned that while temple authorities and devotees should wear masks, priests, helpers and workers are exempt, in the core area of the temple.

"Devotees should be scanned using infrared thermometers at the temple entrance, and must be given hand sanitiser. The temple trust is expected to bear the expenses," it added.

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.
News Network
March 10,2020

Mangaluru, Mar 10: Four airports which are run by the Airport Authority of India (AAI), including Mangaluru International airport, have been adjudged among the best aerodromes in the world, winning 10 awards in four different categories at the 2019 ASQ awards.

ASQ is a globally established programme that measures passengers’ satisfaction while traveling through an airport. Airports Council International (ACI), which is an independent agency of airport operators, carries out international benchmarking of aerodromes.

“Four AAI airports — Chandigarh, Mangaluru, Trivandrum and Lucknow — have been adjudged the best in the world in recently announced 2019 ASQ awards. These airports won 10 awards in four categories,” Airports Authority of India (AAI) said in a release here on Tuesday.

The survey measures passengers’ satisfaction across 34 key performance indicators that include eight major categories such as access, check-in, security, airport facilities, food and beverage, retail, airport environment and arrival services.

The four categories in which these airports bagged the best airport awards were size and region, environment and ambiance, customer service and infrastructure and facilitation, as per the AAI.

The survey was carried out at across 356 airports across North America, Latin America and the Caribbean, Europe, Africa, the Middle East, and Asia.

The survey results are monitored by airport tariff regulator AERA, NITI Aayog, and civil aviation Ministry, the release added.

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.