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 2,2020

Mount Maunganui, Feb 2: India registered a rare 5-0 whitewash against New Zealand after notching up a seven-run win in the fifth and final T20 International at Bay Oval here on Sunday.

Electing to bat, India posted 163 for three, riding on Rohit Sharma's 60 off 41 balls and a 33-ball 45 from K L Rahul.

The visitors then restricted the hosts to 156 for nine with Jasprit Bumrah claiming three wickets for 12 runs.

Chasing the target, the Black Caps were tottering at 17 for three in 3.2 overs.

Tim Seifert (50) and Ross Taylor (53) then added 99 runs for the fourth wicket as New Zealand recovered to 116.

Seifert clobbered a 30-ball 50 studded with five fours and three sixes, while Ross Taylor hit two sixes and five fours in his 47-ball 53-run innings.

However, once Seifert was dismissed in the 13th over, the hosts suffered a collapse, losing five wickets, including Taylor, for 25 runs to loss the plot in the end.

Brief Score:

India: 163 for 3 in 20 overs (Rohit Sharma 60; S Kuggeleijn 2/25)    

New Zealand: 156 for 9 in 20 overs (Ross Taylor 53, Tim Seifert 50; Jasprit Bumrah 3/12).

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News Network
August 1,2020

Mandya, Aug 1: In a terrific incident, a college student has stabbed his own mother to death in Karnataka’s Mandya town over a trivial issue. The police have managed to nab the accused. 

According to police, the boy was irked by his mother rebuking him for staying out with his friends late in the night.

On Wednesday (July 29), she scolded him for not listening to her advice, following which he stabbed her to death, the official said. 

The student was arrested on July 30. He reportedly confessed to the crime. 

A police officer said that the woman was upset over her son frequently spending time with his friends till late in the night.

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News Network
April 30,2020

Bengaluru, Apr 30: Karnataka has decided to allow all industries located outside COVID-19 containment zones to operate from May 4, Chief Minister BS Yediyurappa said Thursday, even as he cautioned that the coronavirus crisis may last another couple of months.

“We feel that the COVID-19 menace is reducing and coming under control in the state. In Bengaluru, not many cases have been reported in the last 3-4 days. If this continues, it’ll help us open up industries in and around Bengaluru also. We’ll wait for another 2-3 days,” Yediyurappa told reporters after chairing a meeting of the Cabinet.

Yediyurappa and Industries Minister Jagadish Shettar are scheduled to meet industry captains on Thursday evening to discuss resuming operations from May 4.

"It won't be a surprise if the corona continues for another 2-3 months. However, based on Prime Minister Narendra Modi's directions, stringent lockdown measures (at red zones) and reviving economic activity will go hand in hand," Yediyurappa said.

The Cabinet decided to allow one-time inter-state or inter-district movement of people and labourers stranded due to the Covid-19 lockdown. The move will also benefit students and others who want to return to their native states or districts.

The government will also allow people from Karnataka residing in other states to return only if they are tested negative for Covid-19, Law Minister JC Madhuswamy said. An official order for this will be issued by evening today.

"Expenses should be covered by those wishing to travel. The government is willing to arrange buses for their benefit," Madhuswamy said. The government will provide a license to anyone who wishes to go, he said.

Having relaxed norms for industries outside red zones to resume operations, Madhuswamy said that inter-district passes will be issued to the top management of these units to travel from their homes to workplaces.

Liquor outlets, saloons and restaurants will remain closed till May 3, after which the government will take a call based on directions issued by the Centre.

“Opening of malls and hotels is not an option before us right now. But all hotels can give parcels,” Yediyurappa said. “I’m confident that the PM will allow the resumption of all activities.

He has already said that corona (containment) and economic activities will have to go hand in hand. So, I’m expecting the Centre to make some favourable decisions,” he added.

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