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 18,2020

Udupi, Jul 18: Noted multi-lingual scholar Dr Uliyar Padmanabha Upadhyaya passed away last night at a private hospital in Manipal. The 88-year-old was survived by a son and a daughter.

His wife Susheela Uadhyaya, who was also a multi-lingual scholar, had passed away in January 2014 at the age of 77. The duo had compiled the six-volume Tulu Lexicon. Its first volume was published in 1988 and the last volume in 1997.

Son of Sitaram Upadhyaya, who was a scholar in the court of the Raja of Travancore, Dr Padmanabha was born on April 10, 1932 at Uliyar in Majur Village near Kaup in Udupi district. 

The Upadhyaya couple had conducted serious research work in linguistics and folk culture and produced a number of books-some of them jointly, some individually and some in collaboration with others. 

Dr Padmanabha had acquired three Master of Arts degrees in Sanskrit, Kannada and Linguistics from Madras, Kerala and Pune Universities, Vidwan in Hindi and PhD in Linguistics from the Pune University for his thesis titled “A Comparative Study of Kannada Dialects”.

He was a visiting Professor at the Universities of London and Paris. He knew Hindi, Kannada, Tulu, Malayalam, Tamil, English, French and Olof, the language of Senegal in Africa.

His works include Nanjanagudu Kannada (Vokkaliga Dialect), Coorg Kannada, Kuruba - A Dravidian Language, Kannada - A Phonetic Language, Malayalam Language and Literature (with Ms. Susheela), Effect of Bilingualism on Bidar Kannada, Coimbatore Tamil, Kannada as Spoken by Different Population Groups in Mysore City, Dravidian and Negro African: Ethno Linguistic Study (with Ms. Susheela), Conversational Kannada, Coastal Karnataka and Bhuta Worship: Aspects of a Ritualistic Theatre (with Ms. Susheela).

Also Read: Eminent linguist Dr Susheela P Upadhyaya no more

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News Network
March 4,2020

New Delhi, Mar 4: The government on Wednesday permitted NRIs to own up to 100 per cent stake in disinvestment-bound Air India.

The decision comes at a time when the government is looking to sell 100 per cent stake sale in the national carrier.

Union minister Prakash Javadekar said the Cabinet has approved allowing Non-Residents Indians (NRIs) to hold up to 100 per cent stake in Air India.

Allowing 100 per cent investment by Non-Resident Indians (NRIs) in the carrier would also not be in violation of SOEC norms. NRI investments would be treated as domestic investments.

Under the Substantial Ownership and Effective Control (SOEC) framework, which is followed in the airline industry globally, a carrier that flies overseas from a particular country should be substantially owned by that country's government or its nationals.

Currently, NRIs can acquire only 49 per cent in Air India. Foreign Direct Investment (FDI) in the airline is also 49 per cent through the government approval route.

As per the existing norms, 100 per cent FDI is permitted in scheduled domestic carriers, subject to certain conditions, including that it would not be applicable for overseas airlines.

In the case of scheduled airlines, 49 per cent FDI is permitted through automatic approval route and any such investment beyond that level requires government nod.

On January 27, the government came out witha Preliminary Information Memorandum (PIM) for Air India disinvestment. It has proposed selling 100 per cent stake in Air India along with budget airline Air India Express and the national carrier's 50 per cent stake in AISATS, an equal joint venture with Singapore Airlines.

Under the latest disinvestment plan, the successful bidder would have to take over only debt worth Rs 23,286.5 crore while the liabilities would be decided depending on current assets at the time of closing of the transaction.

This is the second attempt by the government in as many years to divest Air India, which has been in the red for long.

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News Network
March 25,2020

Bengaluru, Mar 25: In what is suspected to be the second COVID-19 death in Karnataka, a 70-year-old woman from Gouribidanuru, who was under house quarantine for the last one week has died at Rajiv Gandhi Hospital for Chest Diseases.

The woman, who had recently returned from the Mecca pilgrimage developed fever on Tuesday afternoon. She was rushed to hospital, where she died on Wednesday morning.

Health and Family Welfare officials said that the throat swab sample of the woman had been sent to the laboratory for testing and the result was expected to come by afternoon.

Since last week, at least three cases of COVID-19 positive had been reported in Gouribidanuru in Chikkaballpura district, about 80 kms from Bengaluru.

Most of the suspects and confirmed cases had returned from Makkah pilgrimage. Even the deceased woman was one of them and had been advised house quarantine.

On Tuesday morning, she developed fever and was shifted to Gouribidanur hospital and later to Chikkaballapura hospital. By evening, she was moved to Rajiv Gandhi hospital, where she died on Wednesday morning.

The Chikkaballapura district administration has proclaimed prohibitory orders in the locality. They have also taken the woman's family members for testing.

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