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 6,2020

Kalaburagi, Feb 6: The State government will take steps to ensure that Kannada as a language is taught in all private schools, Chief Minister B.S. Yediyurappa announced today at the 85th Akhila Bharata Kannada Sahitya Sammelana in Kalaburagi.

This comes in the wake of the demand by some Kannada activists for making Kannada medium compulsory in all schools in the State. Sammelana president H.S. Venkatesh Murthy, who spoke after the Chief Minister, also made this demand.

The Chief Minister said “We are committed to putting in place a series of steps to see that Kannada is taught in all schools, aided and private, as a language. Kannada should be taught as the first or second language. We will also take steps to strengthen government schools. However, the government alone cannot do much. The community and parents should offer support to make sure that government schools provide quality education to all.”

To inculcate the spirit of scientific inquiry, the State government is setting up mobile planetariums. This will increase the interest of children in space technology and India’s efforts in space exploration.

The government is committed to protecting the interests of the State in Mahadayi and other river water disputes. It will take the border row issue, based on the Mahajan Commission report pending in the Supreme Court, to its logical end.

The government will also address backwardness and related issues. It will make sure that adequate funds are allocated to the development of Kalyana Karnataka. Among other things, it will establish a hostel for students from Kalaburagi region in Bengaluru. Land has been allotted in Nagarabavi for the hostel that can accommodate around 200 students. The government has decided to celebrate Kalyana Karnataka Utsav once every two years. This will showcase the culture of the region.

“We are working towards forging sentimental and emotional unity of the State other than unity based on language or administration. Our dream is to see that Karnataka remains a homogeneous unit with equality and equal opportunity for all,’’ the Chief Minister added.

Kambar bats for technology

Chandrashekar Kambar, Sahitya Akademi president and former president of the Akhila Bharata Kannada Sahitya Sammelana, favoured effective implementation of technology in administration and for universal use of Kannada in computing and e-governance.

Speaking at the Sammelana inauguration, he said “Several years ago, at the insistence of writer Poornachandra Tejaswi, I appealed to the State government to give a push to Kannada computing. We were convinced that no language can survive without the use of modern technology and use of the language in computers. The Department of Kannada and Culture, headed by then director Manu Baligar, released ₹2 crore for the project. The work began in earnest and teams of technologists came up with software and fonts. Some departments started using Kannada software. But this work has stopped or slowed down at some level. I appeal to Chief Minister B.S. Yediyurappa to continue the work and ensure that computerised Kannada is used at all levels of government and in e-governance.’’

Supports dubbing

Mr. Kambar batted for content dubbing of informative TV channels in Kannada. Channels such as Discovery and History produce good quality content that can be educative and informative. They are very useful for children. These channels are now available in Tamil, Telugu and Hindi and some other Indian languages. But they are not available in Kannada. That is because some people in the film industry are opposing dubbing. Such opposition is not good. Informative channels are our window to the world and allowing dubbing will enhance our knowledge base. There is no merit in not allowing dubbing. I appeal to C.T. Ravi, Minister for Kannada and Culture, to allow dubbing in Kannada, he said.

Mr. Kambar favoured primary education in the mother tongue of the child and urged the State government to introduce universal and compulsory education in Kannada medium in all schools. “This will help preserve our culture. Nothing else can,’’ he said.

He blamed the East India Company administration for inculcating a craze for English education among the people. “The introduction of English education by the British was strongly welcomed by the masses in India as they had been denied the opportunity for education for millenia. The deprived classes and Dalits who had not been exposed to education till then, were excited about the opportunity. However, along with English education, the British were successful in introducing inferiority in our minds. We are yet to escape from this inferiority complex.”

Quoting from Greek mythology, Mr. Kambar said that Hercules had killed his children and relatives in a fit of alcohol-induced rage. “We should not behave like that. We may be very strong, but we should not kill our mother tongue, in our power-induced rage,’’ he said.

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News Network
March 12,2020

Bengaluru, Mar 12: The Karnataka government on Wednesday clarified that no coronavirus "emergency" has been declared in the state and that all the schools and offices will remain open.

Earlier, there were fake reports that Karnataka has declared "coronavirus as an epidemic" in the state.

In a statement, Karnataka health commissioner Pankaj Kumar Pandey refuted the reports doing rounds on social media which said Karnataka had declared COVID-19 as a "state epidemic".

Refuting the rumours, he added that all the schools, offices and other institutions will continue to function normally in the state.

The Karnataka government earlier today issued temporary regulation which asked all government and private hospitals to have flu corners for screening of suspected cases of COVID-19.

According to the regulation, no person/institution shall use print or electronic media to spread mis-information on COVID-19 without prior permission of the department of health & family welfare. If a person is found indulging in any such activity, they will be punished, it said.

The Karnataka government also started a campaign called 'Namaste over Handshake' that encourages people to greet in the traditional Indian style, to tackle the spread of the virus.

The state has reported four positive cases of coronavirus so far.

India, so far, has 60 confirmed cases of coronavirus, including 16 Italians tourists.

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News Network
March 7,2020

Thrissur, Mar 7: A local temple in Kerala is at the centre of a social media storm after the picture of a ''Brahmins-only toilet'' outside its main campus went viral on online platforms, prompting the management to remove the signboard.

The picture of three toilets, with signboards showing "Men", "Women" and "Brahmins", at the Kuttumukku Mahadeva Temple in Thrissur, has gone viral with many social media users viewing it as an unethical practise that can portray the progressive state in a bad light.

However, temple officials said the toilets were located outside the main campus and the board was brought to their notice only now.

Kannan, an official of the temple committee, said the board was placed nearly two decades ago and nobody raised any complaint against it so far.

"That particular toilet was being used by priests and other temple employees. We didn't even notice that board... As soon as we came to know about it, we removed it and affixed a staff-only board," he told PTI.

Also a CPI-M functionary and ward councillor, Kannan said the shrine and it's management was against all kinds of unethical customs.

The temple official said they were planning to pursue legal measures against the man who posted the photo of the toilets on social media.

"We suspect that he did it deliberately to create issues during the time of the festival and to tarnish the shrine's reputation. Not only that, the photo he shared was an old one though he claimed that it was taken during the time of the festival, " he said.

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