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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coastaldigest.com news network
June 2,2020

Bengaluru, June 2: A television anchor allegedly committed suicide after her boyfriend refused to marry her.

29-year-old Chandana V K made a selfie video before taking the extreme step, in which she blamed her boyfriend Dinesh for her decision.

The Suddaguntepalya police have taken up a case of abetment to suicide against Dinesh and his family, including his father Lokappa Gowda, mother Gayatri, sister Shyla and uncle Swamy alias Dayananda. The police have formed a team to nab the accused who are absconding.

Chandana, who used to also appear in real estate advertisements, was a resident of Krishnamurthy Layout in Tavarekere. She hailed from Belur in Hassan district.

According to a preliminary investigation, Chandana consumed poison after making the video.

In the video clip addressed to Dinesh, she says: "You said if I die, it is good for you. So, I am ending my life and you are the reason for it, Dinesh." She sent the clip to Dinesh, his parents, her parents and friends around 2.30 pm on May 28.

On seeing the video, Chandana's parents alerted her neighbours and asked them to go check on her. They took her to a private hospital where she died while undergoing treatment around 12.30 am on May 30.

In his police complaint, Chandana’s father said his daughter and Dinesh were in a relationship for the past five years. Dinesh had promised to marry her and both the families were aware of the relationship.

Dinesh had borrowed Rs 5 lakh from Chandana. But for the past few months, he began avoiding her and even refused to marry her. His family members told Chandana that they would get him married to someone else, the complaint said. The police said action would be initiated taken against Dinesh and his family.

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News Network
January 30,2020

New Delhi, Jan 30: In a major shift of strategy ahead of the Delhi assembly polls, the Bharatiya Janata Party (BJP) has decided to rope in its senior leaders for massive public rallies.

Its star campaigners like Prime Minister Narendra Modi, Union Home Minister Amit Shah, BJP chief JP Nadda, Uttar Pradesh Chief Minister Yogi Adityanath, and other union ministers would now be addressing massive public rallies in addition to ongoing neighbourhood meetings.

"The big rallies would begin from February 1. While 'Nukkad' meetings will take place till the last day of campaigning, there would be big rallies of the top leadership of the party, " informed a senior party leader.

Sources said the BJP has changed its strategy after the success of its grassroots contact programme as the party wants to consolidate its gains.

"As part of the reworked strategy the BJP has asked its various Mandals to organise public meetings of 10,000-15,000 people in each assembly segment to reach out to the masses," sources added.

While there are two planned for Prime Minister Modi, two have been planned for JDU chief and Bihar Chief Minister Nitish Kumar along with Nadda and Amit Shah. Yogi Aadityanath too would be addressing 12 rallies.

The party is leaving no stone unturned to secure massive gains, which it feels can be converted to victory in the forthcoming polls.

Party sources feel that the relentless campaigning under the guidance of Amit Shah and Nadda has ensured that the morale of party cadre is at an all-time high.

"The neighbourhood meetings have ensured that we have been able to make the people of Delhi aware of the lack of work under the Arvind Kejriwal led Aam Aadmi Party government. They have also been apprised about the anti-national views of the opponents and we think that this is expected to turn the polls into our favour," sources added.

Delhi is scheduled for assembly polls on February 8 and the results for the 70 constituencies will be declared on February 11.

As part of the new strategy, senior leaders like JP Nadda, Amit Shah, Uttar Pradesh chief minister Yogi Adityanath, ministers like Rajnath Singh and Smriti Irani would be holding public rallies in various parts of the city. Several other chief ministers from various BJP ruled states are also expected to be roped in for the campaign.

The strategy for reach out to the masses is an attempt at weakening the hold of AAP on Delhi. With positive feedback coming after the success of the neighbourhood meetings in the past week, the BJP is now looking to increase its potential reach with polls just days away.

Till now the party had deployed 70 union ministers to hold at least one public meeting and one 'padayatra' each as part of the campaign.

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coastaldigest.com news network
May 5,2020

Newsroom, May 5: Following the union government's nod, preparations are afoot to bring back Indian nationals stranded abroad from May 7 onwards.

According to sources, in the first phase from May 7- 14, the government would allow more than 60 “non-scheduled, commercial” flights to operate from about 12 countries to India to bring back 15,000 citizens. At least half of those flights will be from the Gulf region, including UAE, Qatar, Saudi Arabia, Bahrain, Kuwait and Oman, while the rest would bring passengers from the U.S., the U.K., Singapore, Malaysia, Philippines and Bangladesh.

The flights would be spread over 10 States identified as having the largest numbers to return, with Kerala, Tamil Nadu and Delhi (NCR) receiving the maximum number of flights.

A meeting held at the Ministry of Civil Aviation looked specifically at flights, mainly operated by Air India, while it awaits a final plan from countries where Indians need to be airlifted from. The first flights planned at present are from Abu Dhabi, Dubai, Riyadh and Doha, flying directly to Kozhikode and Kochi.

While the full estimate of Indians needing to return home could cross ten lakhs (a million), with more than two lakhs having registered to return from the UAE alone, officials said their return would be “prioritised and staggered”.

Flight plan for return of Indian nationals stranded abroad:

Comments

Anwar
 - 
Thursday, 7 May 2020

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https://indembbishkek.gov.in/pages.php?id=226

Anwar
 - 
Thursday, 7 May 2020

For malasia

 

https://hcikl.gov.in/indreg

Prathaban
 - 
Wednesday, 6 May 2020

How to apply malaysia pls give me a registration link

Anwar
 - 
Wednesday, 6 May 2020

For Singapore

https://www.hcisingapore.gov.in/indian_registration

Anwar
 - 
Wednesday, 6 May 2020

Please contact embassy or ministry

Saudi details are here:

 

https://docs.google.com/forms/d/e/1FAIpQLSc_yyVAYPD-VYH98RNOWZkDkGKVsf34qnu0oGoLdtts3RG7_Q/viewform
 

http://www.coastaldigest.com/news/indians-stuck-saudi-arabia-due-lockdown-ought-know-these-things-returning-home

Kotadiya vinit…
 - 
Wednesday, 6 May 2020

I am in singapore 

 

And now my study finished already so how to go back india

Shipra
 - 
Wednesday, 6 May 2020

Please share a link to how to Register 

Rishi kumar sonkar
 - 
Tuesday, 5 May 2020

We want to go back india we are in Kyrgyzstan

how to registe…
 - 
Tuesday, 5 May 2020

how to register ?please share link/details

 

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