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
February 21,2020

Thiruvananthapuram, Feb 21: A school in the city has allegedly denied admission to a boy whose parents did not fill the religion column in the application form, prompting the Kerala education department to seek a report.

The parents, Naseem and Dhayna, had sought admission for their son to the first standard at the St Mary's school, a government-aided institution. They alleged that school authorities had claimed that registration will not be possible on the education department's 'Sampoorna' portal without filling the 'religion' column.

"We were informed by the school authorities that it was not possible to give admission to our child as we wrote 'nil' in the religion column. They claimed that if nil is mentioned, the admission process will not get registered in the school management software of the education department," Naseem said.

Sampoorna is a school management system project implemented by the Kerala education department to automate the system and process of over 15,000 schools in the state.

The parents later approached the ministry and the Directorate of Public Instruction (DPI) to get further clarification.

"The state government officials denied that there were any issues with the software and confirmed to us that the admission process was going on.

When we approached the school authorities again, they asked us to give in writing that we, the parents will take responsibility of any issues that may occur in the future," Naseem said.

The parents then decided not to enroll their son at the school due to the manner in which the issue was handled by the institution. Reacting swiftly, the state government sought a report from the DPI and the deputy director of the education department on the matter.

"We have asked the DPI and the deputy director of the education department to look into the matter and file a report as soon as possible," Education minister C Raveendranath told PTI. The parents said after the news spread, a school official called them offering admission.

"But we decided not to enroll him there due to the approach of the school authorities," he said.

Naseem runs a catering business after returning from the Gulf.

The school management in a release claimed that they sought a letter in writing from the parents to avoid trouble in the future. "When school authorities asked why the religion column was left blank, the parents said they were not interested in filling that part. The parents have that right.

But most benefits given by the government to school children are based on religion. We just wanted to ensure that the parents take the responsibility in case the student misses out any such benefits in the future," the management said.

School authorities maintained they never denied admission to any student. The parents are now looking for admission for their son in other schools in Thiruvanathapuram.

Ravindranath recently claimed in the state Assembly that over one lakh children in Kerala had left columns relating to caste and religion blank in school admission records during the 2017-18 academic year. In a written reply, he said as many as 1,24,147 children had not filled these columns while enrolling in different classes in government and government-aided schools during the period.

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coastaldigest.com news network
June 17,2020

Bengaluru, Jun 17: The Congress on Wednesday decided to field senior party leader B K Hariprasad and incumbent Naseer Ahmed as candidates for the coming legislative council polls in Karnataka.

"The Congress President Sonia Gandhi has approved the proposal for the candidature of B K Hariprasad and Naseer Ahmed as Congress candidates to contest the biennial elections to the Legislative Council of Karnataka to be elected by the MLAs," the AICC said in a release.

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 (JDS) and independent D U Mallikarjuna- will end June 30.

Polling will be held on June 29 to fill seven MLC berths, and June 18 is the last date for filing of nominations.

While the BJP is in a position to win four out of seven seats, the Congress can win two and the JD(S) one.

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

Hariprasad’s candidature has been announced as his tenure in the Rajya Sabha is coming to end on June 25.

He has also served as general secretary of the party.

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

According to state Congress president D K Shivakumar, more than 200 aspirants have sought tickets for the two seats that the party can win in the legislative council polls.

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coastaldigest.com news network
July 26,2020

Mangaluru/Udupi, Jul 26: Karnataka’s twin coastal districts of Dakshina Kannada and Udupi have recorded 369 new coronavirus positive cases and 10 more deaths related to the covid-19 in past 24 hours. 

Dakshina Kannada

With 199 new covid-19 cases, DK’s covid toll mounted to 4,811. The district also recorded eight new covid-related deaths. The death toll mounted to 123. 

Among the 199 new cases are 31 primary contacts, 73 with influenza-like illness (ILI), and 10 with severe acute respiratory illness (SARI). As many as 83 cases are under investigation. Two of the patients have international travel history.

Eight deaths:

A 71-year-old man from Mangaluru, who was admitted to a private hospital on July 19, passed away on July 23. He was diagnosed with ARDS/multiorgan dysfunction, chronic renal disease, diabetes, and hypertension. His throat swabs tested positive for covid-19. 

A 70-year-old man from Mangaluru, who was admitted to a private hospital on July 20, passed away on July 24. He had developed sepsis, chronic kidney disease, lower respiratory tract infection, and other ailments. 

A 55-year-old man from Puttur was admitted to a private hospital on July 23, and passed away a day later. He was diagnosed with septic shock with acute kidney injury with severe metaboic acidosis. 

A 56-year-old man from Mangaluru who was admitted to a private hospital on July 20 passed away on July 24. He was suffering from acute respiratory distress syndrome, multi-organ dysfunction syndrome and ischemic heart disease.

A 72-year-old man from Mangaluru who was admitted to a private hospital on July 18 passed away on July 24. He was suffering from refractory hypoxemia/refractory ARDS, septic shock, secondary bacterial infection, renal failure, acute coronary event, and other ailments. 

A 45-year-old woman from Mangaluru who was admitted to a private hospital on July 24 passed away the same day. She had been diagnosed with metastatic carcinoma of right lung and pneumonia. 

A 55-year-old man from Mangaluru who was admitted to a private hospital on July 21 and passed away on July 24. As per the district bulletin, he was suffering from refractory hypoxemia/refractory ARDS, septic shock, secondary bacterial infection, renal failure, acute coronary event, and other ailments.

A 70-year-old man from Mangaluru suffering from severe pneumonia with ARDS, multiorgan dysfunction, sepsis, chronic kidney disease and hypothyroidism was admitted to a private hospital on July 24 and passed away the same day.

Though the above patients contracted coronavirus, the exact cause of their deaths is being investigated by a team of experts and their report is awaited.

Udupi

The district recorded 170 new covid-19 cases and the total confirmed cases mounted to 3,388. Among the new cases, 86 are in Udupi, 31 in Kundapur, and 52 in Karkala. They include 106 male and 63 women. As many as 2,133 patients have been discharged so far, and 1,241 cases are currently active. 

The district also recorded two covid-19 related deaths – a woman and a man. One is a 63-year-old resident of Byndoor and the other is from Udupi's Indiranagar area. Both had been admitted to the ICU of a private hospital. 

Byndoor resident passed away on the night of Saturday July 26, the Udupi resident died on Sunday. The last rites of both the deceased were conducted as per protocol.

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