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
March 2,2020

Bengaluru, Feb 2: The monthlong budget session beginning on Monday, which will mark BS Yediyurappa’s maiden budget in his fourth term as chief minister, is expected to be a fiery one.

The opposition JD(S) and Congress have already threatened to stall proceeding until BJP legislator Basangouda Patil Yatnal apologises for his controversial remarks against freedom fighter and centenarian HS Doreswamy. Yatnal had called him a fake and a Pakistani agent.

Disruptions are also likely to pose a threat to speaker Vishweshwar Hegde Kageri’s novel idea of having a two-day discussion on the Constitution of India to commemorate 70 years of the country’s Independence.

Both opposition parties have scheduled legislature party meetings early on Monday and they could coordinate on issues on the floor of the house to put the BJP — especially Yediyurappa — on the backfoot.

Yatnal is not known as a “hardliner”, but his attack on Doreswamy has garnered support from several ministers including CT Ravi, KS Eshwarappa and V Somanna. Yediyurappa may have a hard time defending his party’s line.

The BJP is yet to schedule its legislature party meeting, but MLAs suggest the party will allow the issue to be raised and debated in the legislature. “Both have expressed their point of view. Let there be a discussion on the matter, but not allowing the house to function will only be a waste of the state’s time and money,” said deputy chief minister CN Ashwath Narayan.

Besides the Doreswamy issue, Yediyurappa will also deliver his reply — postponed from February 20 — to the debate on the governor’s address. The issue of student Amulya Leona Narona’s arrest on a charge of sedition, the Bidar sedition case involving a parent of a school student, pro-Pakistan writings on walls in places in north Karnataka, introduction of NPR and the anti-CAA stir is also likely to feature during the lengthy session.

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News Network
March 31,2020

Bengaluru, Mar 31: The total number of positive cases of coronavirus reached 101 in Karnataka on Tuesday after 13 more positive cases were reported in the state from March 30 5 pm to 2 pm today.

The total number of 101 includes three deaths and 8 discharged/cured cases, Karnataka Health Department stated.

Meanwhile, the total number of coronavirus cases in India has risen to 1,397 after 146 new patients were reported in the last 24-hours, the Ministry of Health and Family Welfare said on Tuesday.

Of this little less than 1,400 cases, there are 1,238 active while 124 cured. The total figure also includes 35 fatalities.

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coastaldigest.com news network
June 7,2020

Mangaluru/Udupi, Jun 7: Coastal districts of Dakshina Kannada and Udupi have recorded 17 and 13 new coronavirus positive cases between 5 p.m. on June 6 and 5 p.m. on June 7. 

16 among 17 new covid patients in Dakshina Kannada are returnees from Maharashtra, while one returned from Goa recently.

Maharashtra returnees comprise 14 males, including three teenagers t, and two females aged 32 and 41. The Goa returnee is a 32-year-old male.

All of them have all been admitted to the designated COVID hospital in the district.

With this, the total tally of coronavirus cases in Dakshina Kannada has risen to 203, out of which 47 are currently active. As many as 150 patients have recovered and been discharged, and seven have died.

Among the 13 in Udupi, 12 are Maharashtra returnees, while process of contact tracing of one patient, a 30-year-old woman, is going on.

The patients comprise eight males, including a 7-year-old boy, and five females. They have all been admitted to the designated hospital.

This takes the total number of coronavirus cases in Udupi district to 902, out of which 798 are currently active, 103 discharged, and one patient has died.

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