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
July 14,2020

Bengaluru, July 14: Ahead of the week-long lockdown in Bengaluru starting from Tuesday night, around 35,000 people have left the city and grocery stores and liquor shops are witnessing a rush with customers thronging to stock up on for the shutdown.

According to transport department officials, labourers from other parts of the state migrated in good numbers from Bengaluru ahead of the lockdown fearing that they would have to face similar challenges as they had to confront during the previous shuttering. 

"Yesterday 35,000 passengers left Bengaluru. The number is big given the fact that we are allowing a limited number of passengers in the buses to maintain social distancing," a KSRTC official said.

Tipplers made a beeline for liquor shops and a senior State Excise official said liquor worth Rs 230 crore was sold on Monday alone.

"There was apparently a mad rush yesterday.India Made Foreign Liquor worth Rs 215.55 crore and 14.83 crore worth beer was sold...," the officer said.

In view of the rising coronavirus cases in the city at an alarming proportion, the government decided to impose lockdown from Tuesday 8 pm till 5 am on July 22.

Later, Dharwad and Dakshina Kannada districts too decided to impose a lockdown for nine days and seven days respectively from Wednesday.

"For the past two days there is an unusual rush of customers in our store," an executive of the Metro Cash and Carry said.

According to him, people are buying grocery items and vegetables with long shelf life such as onion, potato, radish, carrot and beetroot.

A salesperson at the Star Bazaar too said people were thronging the store for the past two to three days.

During the Sunday curfew, Home Minister Basavaraj Bommai said the week-long lockdown will be stringent one and government has made all arrangements to address all concerns ahead of the shutdown.

As many as 19,702 people in Bengaluru have tested positive, of which there are 15,052 active cases, while 4,328 have been discharged.

The number of fatalities as of Monday is 321.

Across Karnataka, 41,581 people have tested positive for coronavirus including 24,572 active cases, 16,248 discharges and 757 deaths since the outbreak of the pandemic in the state.
 

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coastaldigest.com news network
January 12,2020

Mangaluru, Jan 12: Sudarshan Moodbidri and Robin Devaiah were today unanimous elected presidents of Dakshina Kannada and Kodagu district units of Bharatiya Janata Party.

Karnataka BJP vice-president Nirmal Kumar Surana oversaw the election process of the two district units at the BJP’s party office here.

While Sanjeeva Matandoor, Puttur MLA and incumbent president of DK unit of the party welcomed his successor Sudarshan, it was the turn of BB Bharatheesh, president of Kodagu unit to welcome Robin.

K Uday Kumar Shetty, DK district election officer and Ravi Kalappa, Kodagu district assistant election officer conducted the election under the supervision of Surana in the presence of MLAs of the party from respective districts.

Sudarshan started out his career as taluk and then district convener of Bajrang Dal before taking up responsibility as seva pramukh of Vishwa Hindu Parishad.

He formally joined the BJP as general secretary of Mulki-Moodbidri assembly unit of the party, moved on as convener of training cell of the party and was the general secretary of the district unit of the party before his elevation. A B.Com student of Dhavala College, Moodbidri, he is 44.

Robin, 50, who started out as a RSS volunteer as a student, too is incumbent general secretary of the Kodagu unit. Having been a member of ABVP for 8-years, he joined BJP formally in 1996 through Yuva Morcha and was its district treasurer, national executive member and state general secretary.

A product of Field Marshal K M Cariappa College, Kodagu, he served two terms as general secretary of the district unit prior to his elevation.

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News Network
May 5,2020

Mangaluru, May 5: The Dakshina Kannada district administration has denotified two containment zones, Sampya in Puttur and Thumbe in Bantwal. They were declared containment zones after one coronavirus positive case was reported from each area.

All the primary and secondary contacts of the patients have completed home quarantine period, said DC Sindhu B Rupesh.

The district administration hitherto had already denotified three other such containment zones based on a report of DHO,  after no new case was reported in the area in the last 28 days.

At present, the district has six containment zones-- Shakthinagara, Boloor, First Neuro Hospital in Mangaluru city, Uppinangady in Puttur, Kasaba and Narikombu in Bantwal taluk.

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