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
July 11,2020

Mangaluru, Jul 11: Deputy Commissioner Sindhu B Rupesh has set up an expert committee to look into the cause of deaths of covid patients in Dakshina Kannada.

The development comes after eight more fatalities including that of a CISF personnel attached to MRPL, were reported in the district on Friday.

The district has recorded 23 deaths since July 1 and 38 death cases have been reported in the district since April 19.

Of the 38 deaths, five were from outside the district. All the eight patients, who lost their battle to the virus in the district on Friday, were suffering from co-morbidities.

According to the govt bulletin on Covid-19 cases, comorbid conditions, like kidney failure, brain tumour, TB, pneumonia, liver damage, high BP, diabetes and others, were the main reasons behind the Covid-19 deaths reported in the district.

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News Network
March 31,2020

Hubballi, Mar 31: In a bid to increase the country's capacity for isolation facilities, the Railways is converting sleeper class coaches into isolation wards by modifying the coaches as per prototype issued by Railway Board to make them suitable to act as quarantine hubs. On South Western Railway (SWR) a total of 312 coaches will be converted for isolation/quarantine wards.

"The coaches will be equipped with basic facilities needed as per medical guidelines. Provision is being made for charging points of mobiles and laptops. Mosquito nets with space for paramedics etc are also being made available. Each coach will provide 8 berth cabin for isolation facility.

Zonal Railways have been advised to prepare coaches as per isolation cabin prototype to meet the needs of the patients by Railway Board," a press statement of SWR reads.

The efforts of Indian Railways have been aimed not only to supplement the present health infrastructure of the nation but also to contribute to national efforts to fight the coronavirus.

According to the Union Ministry of Health and Family Welfare, the total number of coronavirus cases in the country stand at 1,251.

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News Network
April 26,2020

Bengaluru, Apr 26: Three new cases of COVID-19 have been reported in Karnataka in the last 24 hours, taking the total number of cases in the state to 503 as per Karnataka government.

There are 302 active COVID-19 cases in Karnataka presently, while 182 patients have been discharged, 19 deaths have been reported, state government informed.

The total number of positive coronavirus cases across the country are 26,917, including 20,177 active cases of the virus. So far, 5,913 patients have either been cured or discharged while 826 deaths have been recorded in the country, as per data provided by the Union Ministry of Health and Family Welfare.

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