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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Agencies
February 5,2020

New Delhi, Feb 5: Days after a gunman opened fire in Delhi's Shaheen Bagh, the epicentre of anti-CAA movement, YouTuber Gunja Kapoor was detained at the protest site on Wednesday after she was caught covertly filming the protests in a burqa.

Kapoor runs the channel ‘Right Narrative’ on YouTube and her pinned tweet on Twitter says she is followed on the microblogging site by PM Narendra Modi.

According to police, the protesters turned suspicious after Kapoor asked them "too many questions". She was caught by some of the women protesters after they identified her as the popular YouTuber. The incident led to a commotion at Shaheen Bagh, the epicentre of protests against the Citizenship Amendment Act (CAA), a senior police official said.

She was taken to Sarita Vihar police station where her identity was ascertained, police said.

The incident sparked outrage on social media. Many took to Twitter to question why Kapoor was at the protest in disguise. Others expressed concern about her motives at secretly filming the protests.

Meanwhile, praises flew in for the women of Shaheen Bagh who can be seen defending Kapoor from angry protesters after she was caught.

This is not the first time that a right wing social media activist has landed in trouble in Shaheen Bagh where residents and other women and children have been sitting in protest for nearly two months since the passing of the contentious Citizenship Amendment Act 2019 in December last year.

In January, Deepa Sharma had posted videos online about the "traumatic" experience she had when she was allegedly heckled and harassed by Shaheen Bagh protesters. While the woman's claim could never be verified, other pieces of rampant fake news aimed at delegitimising and villainising protesters has taken social media by storm.

From doctored videos of women protesters allegedly accepting they were paid Rs 500 to attend protests to alleged fights over biriyani and anti-India sloganeering, trolls on social media seem to be working overtime to taint the ongoing protests.

The latter, however, show no signs of giving up. In fact, as Delhi nears elections on February 8, protesters have arranged for music performances by eminent artists, including pop celebrity Prateek Kuhad, till February 7.

Sit in protests take place 24x7 with women showing up in thousands to spend the night and sing songs of protest. And with polls around the corner, the protests have become an active part of political discourse with Aam Aadmi Party's Manish Sisodia expressing his support for the protesters at a recent press conference.

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News Network
April 3,2020

Bengaluru, Apr 3: Four people, including three who attended the Tablighi Jamat meet in Delhi, tested positive for coronavirus on Friday, taking the total number of the affected in the state to 128, the Health department said here.

The three men from Belagavi had attended the Tablighi- Jamaat congregation from March 13 to 18 at Delhi, while the other case was that of a 75-year-old man, who is a resident of Bagalkote.

A detailed investigation was underway to ascertain how he got infected, the department said in a bulletin.

It said that till date, 128 COVID-19 positive cases have been confirmed in the state, including three deaths and 11 discharges.

"With 128 cases we are in ninth position in the country in number of cases.Today four new cases were confirmed, of which three were those who attended Tablighi-Jamaat congregation," Primary and Secondary Education Minister Suresh Kumar told reporters, giving details about the bulletin.

He said 187 of the total of 288 samples collected from those who attended the congregation had tested negative and only 13 had turned positive so far.

"Out of 288 samples collected, we have got report for only 200 cases and are awaiting reports for 88," he added.

Though Kumar did not give any figures on the total number of people who went from Karnataka to attend theDelhi meet, the health department on Thursday had said nearly 1,000 people (including 19 foreigners) linked to Tablighi Jamat had been screened and swab samples of more than 200 people had been collected, while efforts are on to find out others.

Chief Minister B S Yediyurappa on Friday held a meeting with Muslim leaders and MLAs even as the government stepped up efforts to track those who might have travelled to the state after taking part in the meet in Delhi last month, which has turned out to be the hotbed of COVID-19 spread in the country.

After the meeting, the Chief Minister said Muslim MLAs agreed to provide details of those who attended the Jamaat's congregation to the government and also convince them to undergo COVID-19 tests, along with quarantining themselves.

Out of total of 114 active cases in the state so far, 111 patients (including 1 pregnant woman) are in isolation at designated hospitals and are stable, while three are in ICU (one on oxygen and two on Ventilators).

Seven of the 128 cases detected and confirmed were transit passengers of Kerala, who landed at airports in Karnataka and are being treated in the state.

Among the 128 positive cases, 51 were reported from Bengaluru, 21 from Mysuru, 10 from Bidar, nine from Dakshina Kannada, eight from Uttara Kannada, seven from Chikkaballapur, five from Kalaburgai, four from Ballari, three each from Davangere, Belagavi and Udupi, and one each from Kodagu, Tumakuru, Bagalkote and Dharwad.

Those discharged include nine patients from Bengaluru and two from Kalaburagi and among the deceased are one each are reported from Kalaburgari, Bengaluru and Tumakuru.

The Chief Minister held a series of meetings to review the measures taken to control the spread of COVID-19 and implementation of lockdown in the state.

He asked the labour department to deposit an additional Rs 1,000 from the Construction Workers Welfare Fund to the accounts of 15 lakh labourers in the sector.

The government has already deposited Rs 1000 to their accounts (amounting about Rs 150 crore) in the first round.

During the meeting the shortage of Personal Protective Equipment (PPE) Kits for Doctors and health care professionals was discussed.

"Work order has been issued for 1 lakh PPE kits, and the Chief Minister has issued directions for the supply of 2 lakh more PPE kits," Kumar said.

Yediyurappa also chaired a meeting with Ministers from Bengaluru on steps to be taken to control spread of COVID-19, as the city has more than half the confirmed cases in the state.

He also decided to covene a meeting of city legislators in this regard on Saturday morning.

Kumar said it was also decided not to provide food free of cost at the state run Indira Canteens as concerns were raised about the quality and misuse that was happening during the Chief Minister's meeting with ministers today.

"We have decided to stop free food supply...we are providing foodgrains to poor through ration already," he said.

However, the Canteens will continue to provide subsidized food- breakfast at Rs 5 and lunch and dinner at Rs 10.

The government last month had decided that Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

Meanwhile, in view of COVID-19, emergency Additional Chief Secretary, H&FW Department ordered extension ofservices of Medical and Para-medical staff, Clinical and Nonclinical staff retiring in April and May this year, to June 30.

Amid reports of lack of co-ordination between Medical Education Minister K Sudhakar and Health and Family Welfare Minister B Sriramulu, Chief Minister Yediyurappa has tasked Suresh Kumar to brief the media on COVID-19 related daily bulletins, official sources said.

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News Network
May 5,2020

Bengaluru, May 5: Life is limping back to a new normalcy in most parts of Karnataka with easing of Covid-19 induced restrictions yesterday as the State headed into the third phase of lockdown started since March 24.

According to the guidelines issued by the Centre, industrial activities, construction works, essential, non-essential shops, delivery of essential goods through e- commerce, courier and postal services, banking and agriculture activities, plying of four-wheelers and two-wheelers and inter-state movement of goods vehicles is permitted in all the zones, whereas buses are allowed to ply only in green and orange zone districts.

This apart, sale of liquor was also allowed at the designated shops. Police said vehicular movement is allowed only from 7am to 7pm for ordinary citizens.

Clarifying about the movement of people, Bengaluru police commissioner Bhaskar Rao tweeted, "From Monday you don't need a pass to move in Bengaluru between 7am and 7pm. After 7 pm and up to 7am the following morning, even if you have a pass you are not allowed to move except medical and essential service. Checkpoints will remain and your ID may be asked. Please be responsible." After the restrictions were lifted, heavy vehicular movement was witnessed in parts of Bengaluru leading to traffic jam in some areas.

Chikpet, which is the main trade area in Bengaluru, saw some activities.

With restrictions on public transport continuing, this unusually crowded place had very less footfall. "Movement of public is limited due to ban on public transport, such as city buses and Metro Rail.

"The trade activities are taking place between retailers," trade activist and joint secretary of Jain International Trade Organisation Sajjanraj Mehta said .

Select liquor shops in the city and other parts of the state pulled up shutters after being closed for about six weeks due to the lockdown with tipplers thronging them in huge numbers at many places.

Some traders in the city complained that they received notices regarding the Tax Deduction at Source for the month of April "thought here were no trading activities."

Meanwhile, Chief minister B S Yediyurappa announced on Monday that free bus service for migrant labourers, which is operating smoothly, has been extended till Thursday.

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