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
August 5,2020

Shivamogga, Aug 5: Karnataka Minister KS Eshwarappa on Wednesday hailed the laying of foundation stone (bhoomi pujan) for a grand Ram temple in Ayodhya and said "Kashi Vishwanath and "Krishna Janmasthan temples have to be liberated".

"It is a good day that the foundation stone for Ram Temple has been laid. A beautiful temple will come up, but there are Kashi Vishwanath and Krishna Janmasthan temples which have to be liberated," Eshwarappa said.

The minister said that there is a "sign of slavery" at Krishna temple in Mathura and Kashi Vishwanath temple in Varanasi.

"The whole nation is dreaming of Shri Krishna temple in Mathura and Kashi Vishwanath temple. I have visited the two temples. 

There is a sign of slavery. Mosques are there at holy places. When I visited the place at Mathura, I witnessed the wall. When we look at the wall, we feel like we are still slaves," he said.

"While visiting Kashi, there is also a structure of slavery. Dream of Hindus is fulfilled in Ayodhya. One day, it will be fulfilled in Mathura and Kashi. Mathura Sri Krishna and Kashi Vishwanath will be freed and temple will be built," Eshwarappa added.

The Places of Worship Act, enacted in 1991, says that religious character of a place of worship existing on the August 15, 1947 shall continue to be the same as it existed on that day. The Act kept Ayodhya case out of its purview.

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News Network
May 27,2020

Kasaragod, May 27: In a tragic incident, two persons, who were brothers, died of asphyxiation while trying to rescue a calf that fell in their well at Bandhiyod near here on Wednesday.

Police sources said the elder brother Narayanan (50) entered into the well first to save the calf that fell in the well early in the morning.

His brother Sankaran (40) also followed suit after he noticed his brother fainting deep down the well. However, he also fainted inside the well.

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News Network
April 18,2020

Bengaluru, Apr 18: Karnataka Health Minister B Sriramulu drew flak from his own party the BJP as well as the Congress for allegedly letting hundreds of people throng the Rupangudi Road in Ballari to collect food packets from him.

Visuals showed that the people came in hordes and fell on each other to collect the packets Sriramulu was distributing to the poor and needy as relief measure in the wake of lockdown.

The videos showed the minister standing with his team by the roadside and spreading out tables all along to distribute the food kit to the poor people.

Those in the queue had elderly people too.

A majority of people who rushed to grab the food packets did not bother to protect themselves with a mask.

"Whoever has done he has committed a blunder whether it is Sriramulu in Ballari or Anand Singh in Hospet.

All these elected representatives want to show that they are serviing the people in their constitutuency," said Karnataka BJP spokesperson Go Madhusudana.

Flaying the leaders of all political parties for defying norms, Madhusudana sad this has become fashionable for the leaders to perform 'cheap shows'.

He advised Sriramulu that it should have been done with door-to-door delivery of food packets instead of arranging it at the public place.

Congress spokesperson K E Radhakrishna said a case should be registered for defying regulations.

"I am all appreciation for Prime Minister Narendra Modi and Karnataka chief minister B S Yediyurappa who were the first to wake up and do something good for the people.

Now I feel sorry for them.

I wonder why they cannot control their own partymen.

People should file FIR against him (Sriramulu)," Congress spokesperson Prof K E Radhakrishna said

Slamming the alleged VVIP culture in the country, Radhakrishna said when the nation is facing a crisis, lavish marriages and grand birthday parties were organised. In the midst of all this health minister organises a food distribution mela, he added.

Attempts to reach the minister went in vain.

However, speaking to reporters at Ballari, Sriramulu admitted that the cases suddenly shot up in the state because of disregard to social distancing.

"People's support to lockdown is essential.

People have to maintain social distancing, without which we cannot control it," the minister said.

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