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
January 28,2020

Bengaluru, Jan 28: Brace for hefty traffic penalties as the state government is all set to reverse a notification on revised fines which came into effect last September following pushback from road users and opposition parties.

The Karnataka government will implement traffic penalties as stipulated in the amended Motor Vehicles Act, 2019, in a phased manner following a diktat from the Centre. The government did not specify the timeline for it.

“At a recent meeting of transport ministers from various states, the Union government explained why it wanted to implement these huge fines. We found it convincing and will implement it in its original form,” said transport minister Laxman Savadi on Monday.

Savadi said India’s image globally has taken a beating due to the high number of road deaths and the Centre wants to change it at any cost. However, he said the entire set of hefty fines would not be reintroduced all at once.

BJP govt revised rates in Sept

The BJP government last September had revised fines on compoundable offences and those which are fined on the spot by traffic cops by 50%- 80%, barring drunken driving and racing.

As per the revised rates, helmetless riding attracted a penalty of Rs 500 against Rs 1,000 notified by the Centre. Driving without a licence attracted a fine of Rs 1,000 for

two- and three-wheelers and Rs 2,000 for light motor vehicles as against the earlier Rs 5,000 for all types of vehicles.

The central government recently told states and Union Territories they should enforce fines as per the amended Act and they cannot be rolled back. The road transport and highways ministry said fines cannot be reduced below the minimum amount fixed by law, unless the President gives his assent.

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Press Release
January 2,2020

Mangaluru, Jan 2: Seven achievers from various fields including Kannada writer and thinker Boluvaru Muhammad Kunhi have been chose for ‘Sandesha’ Awards for the year 2020.

Announcing this at a press meet in the presence of Sandesha director Fr Francis Assisi Almeida, writer Na D’Souza said that the award ceremony will be held on 9 February 2020 at 5:30 pm at the Sandesha Premises.

Bishop of Ballari Diocese and president of Sandesha Foundation, Dr Henry D’Souza will preside over. President of Karnataka Sahitya Academy Dr B V Vasanth Kumar will be the chief guest. Bishop of Mangaluru Diocese Dr Peter Paul Saldanha and Bishop of Udupi Diocese Dr Gerald Isaac Lobo will be the guests. MLA of Mangaluru South Constituency Vedvyas Kamath and Film Music Director Cajetan Dais will be the guests of honour”.

Awards and Awardees

1. Sandesha Literature Award (Kannada)- Mr. Boluvaru Muhammad Kunhi

He was born in 1951at Puttur. He has secured gold medal in Kannada Post Graduation from Mysore University. At present he is retired and settled at Bangalore after serving 40 years in Syndicate Bank as an officer.

He is the only Indian writer conferred with Central Sahitya Academy twice (2010 & 2016) for creative prose. He is also the first ever Kannada writer conferred with `BalaSahityaPuraskar’ by Central Sahitya Academy. His epic 1,110-page opus named "Swathranthada Ota" (in English: The run for independence) released on 18 March 2012 at RavindraKalakshetra, Bangalore by the world famous Sarod artist Pandit Rajiv Taranath.

He worked as Senate Member in Hampi Kannada University, Kannada Sahitya Academyand KannadaPustakaPradhikara. He also worked as State president for `Samudaya’ Cultural Organisation, as Convener to BandayaSahityaSangha, as Edirot to GIANT (Syndicate Bank's House Magazine) KRISHILOKA (Syndicate Bank's Magazine), as member to RDC (Syndicate Bank's Rural Development Institute), Self-Employment Training Institute (RUDSETI- Dharmastala). He was the President for Kannada BelesiBalaga and ChitraSamudaya (Film Division)

2. Sandesha Literature Award (Konkani): Mr. ValliVagga (Mr. Valerian D Souza)

He was born at Vagga of BantawalTaluk of Dakshina Kannada in the year 1947. His pen name is ‘ValliVagga’. He was an industrialist and at present he is retired and continuing is service in literature. In 55 years of his service in the field of Konkani literature, he has written some 150 short stories, 140 poems and 120 articles in different papers, magazines and websites. Out of these articles, some 40 articles have been translated and published in different papers.

He has published 8 books and his Konkani drama “KhandhiKuris” has already had 13 exhibitions. He has been honoured by Karnataka Konkani Academy, Konkani Kutam Bahrain and Daiji Dubai and also he has worked at various capacities in the field of Konkani Literature.

3. Sandesha Media Award: Mr. Shiv Kumar

Professionally he is an engineer and living in Bangalore. For the last 32 years he has been running a magazine called “Aparanji” as an editor. Already he has written 12 books and through his jokes, literature and science he has been decimating information to the general public.  For his literary work in jokes, he has been awarded with Karnataka Sahitya Academy award.

4. Sandesha Konkani Music Award: Mrs. Helen D’Cruz

Mrs.Helen Correa was born in Africa to late Flora and Alexander Correa. In Mumbai Helen was working for women’s magazine Eve’s weekly and had the opportunity to meet some of the best Bollywood actors and singers notable among them GeetaDutt and Hemant Kumar. She has also worked closely with late DivyaniChaubal, writer-columnist and well-known film critic.

She is one of the greatest legends of Konkani stage who stood her own along with Bollywood fame Hemanth Kumar and SangeethSamrat Henry D’Souza. She is known for immortal Konkani hits like ‘Ye..Ye..Katrina’, ‘ChondremUdevnAilo’, ‘GharasoDivo’, ‘SuryachiKirnam’, and many more. Helen’s music journey from Africa–Mangalore–Mumbai-Kuwait-Mumbai is quite astonishing.

Helen had created a sensation in the Konkani music world with her melodious and mellifluous voice in the early 60s and 70s thus giving a big fillip to Konkani music. She was the first reputed Konkani female singer in Mumbai. “SuryachinKirnan” of Jerome D Souza was her first song in radio in 1961 and with that Helen the singer had arrived on the scene. She sang many songs with Alphonso D Costa and also with Henry D Souza.

Helen has also cut an album with Henry D’ Souza with some memorable songs like “ChandremUdevn”, “Sezari”, “GharachoDivo” and of course “Katrina”. Though all the songs were quite melodious and hummable Katrina song hit the bull’s eye. Helen recalls that in during the general elections in Goa the Katrina song had gained lot of fame. Helen also reached the zenith of her popularity with some of the evergreen numbers like “DaryachaDaryachaLarani”, written by Henry, “KalzanthUllasBhorla, BhovtinVaren Valla.” “NaamvmujeLeena”, “Sanjecha Velar” (both tunes by Helen). Helen has also written lyrics of the song “TuMaka”. Apart from Alphonso, Henry and Hemant Kumar, Helen has sung with Jerome D Souza and Henry Moraes (in plays).

5. Sandesha Art Award: Dr. K. S. Pavithra

She is Psychiatrist by profession. Not only she is a good physician and researcher but also a good dancer (Artist). She has done her studies in Bharatnatyam and presently teaching several students. She is the director of Shri Vijay Kalanikethan ® at Shimoga. She has performed various dance programmes at the international level too.

As a dancer and also as a coordinator she has performed many programmes at the national and international level. She has received regional, national and international awards and also she is one among the 25 artists selected by India to participate for the International Festival.

6. Sandesha  Teacher Award: Mrs. Justin D Souza

For the past five decades, as a head of the Siddaganga Education Institution at Davanagere, Mrs. Justin D Souza has served in the field of education along with areas of culture, sports, science and art. She has given prominence to her students to build the leadership in the society by providing them proper channels and avenues.

She has set an example to others by creating environment friendly school and worked hard to recognize her school as a ‘school free from waste materials’. She has been working as a member of several associations of literature and published a book by name “SiddagangeyaSiri”.

She has bagged several awards namely “SevaDhurine”, “Shikshana Shri”, “ShikshanaSiri”, “ShramikaMahile” “Sharada” “Avva” “Kayaka Shri”, “VratthiChaitanyaRatna”, “ShikshanaShiromani” “VidhyadhareSarsvathi” and so on. She has been honoured with Kannada Rajyostva Award too.

7. Sandesha Special Recognition Award- Achievement: Mr. Vincent Prakash Carlo:

For the past 31 years, he has been in the field of Body building and power lifting and he has represented India at International level and brought honour to the nation. He has been a great inspiration to the youth and others to get motivated to keep a healthy body by getting trained themselves under his effective training.

He is from Mangalore. He is a Body Builder and Power lifter. He has participated in 11 international competitions and bagged 2 Gold, 1 Silver and 2 bronze. He has participated in 24 National Level and 28 state level Competitions and bagged 28 Gold, 17 silver and 7 bronze medals.

He has been honoured twice with “Strong Man of India” and twice as “Strong man of South India”

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News Network
March 5,2020

Mar 5: The fourteen Italians, who have tested positive for coronavirus, have been shifted to the Medanta Hospital in Gurgaon from an ITBP quarantine centre.

The hospital issued a statement on Thursday morning, saying these patients are housed on a completely separate floor, which has been quarantined and has no contact with the rest of the hospital.

There is a dedicated medical team wearing protective gear looking after these patients.All items used on the floor are isolated to that floor.

The isolated floor will completely contain the disease even with these asymptomatic persons. All other hospital operations are operating as normal, and there is no increased risk to patients, visitors or staff, the statement said.

Twenty-one Italian tourists and their three Indian tour operators were shifted out from an ITBP quarantine centre here on Wednesday as they were exposed to novel coronavirus.

An affected Italian couple is being treated at Jaipur's SMS medical college.

Officials on Tuesday said the foreigners have been sent to a private hospital in Gurgaon and a centre in the national capital while the Indians have been transferred to the Safdarjung Hospital.

Fourteen Italians and an Indian (driver), who were in the same group as the affected Italian couple, tested positive for the virus as per information provided by the Health Ministry.

The Italian tourists and three Indians were admitted to the Indo-Tibetan Border Police (ITBP) force centre in Chhawla on Tuesday.

The Centre already has 112 people, 76 Indians and 36 foreigners, since February 27 after they were evacuated by an Indian Air Force (IAF) plane from China's Wuhan, the epicentre of the deadly coronavirus.

The first samples of these 112 people had tested negative when reports came in last week.

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