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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February 7,2020

Mysuru, Feb 7: Former chief minister and Janata Dal (Secular) leader HD Kumaraswamy on Thursday said that Chief Minister BS Yediyurappa-led government is not stable and it can fall at any moment.

"Karnataka Government is not a stable one. With the developments taking place, it can fall at any moment," Kumaraswamy told reporters when asked to comment on the Karnataka Cabinet expansion.

Earlier in the day, 10 MLAs including Ramesh Jarkiholi, Anand Singh, K Sudhakar and BA Basavaraja took oath as Cabinet Ministers at Raj Bhawan in Bengaluru.

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April 29,2020

Bengaluru, Apr 29: Union Minister Ravi Shankar Prasad on Tuesday clarified that Department of Telecommunications has extended the relaxed terms and conditions for VPN till July 31.

"Wish to clarify that it is not extension of WFH. In response to IT Industry's request to facilitate WFH for OSPs, Department of Telecommunications, India had relaxed terms and conditions for VPN till April 30 After discussions with IT Ministers this relaxation in terms and conditions is extended till July 31," Prasad Tweeted quoting Deputy Chief Minister of Karnataka Dr Ashwath Narayan.

Earlier, the Karnataka government issued a press statement saying that the central government has given permission to IT professionals to work from home till July 31 in the view of COVID-19 pandemic.

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April 4,2020

Bengaluru, Apr 4: As calamity struck the nation in the form of coronavirus, many philanthropists have generously opened their wallets to sustain the urban poor, especially the migrant labourers in the city and elsewhere in Karnataka.

These individuals either directly or through organisations opened up their kitchens to ensure that no one goes to bed hungry in this distressing time.

The Bruhat Bengaluru Mahanagara Palike, the nodal agency to feed urban poor, responded positively to requests by these organisations and individuals to supply food to the needy on their behalf.

"We had been serving food through our Indira canteens, which we continue to do even now. However, many philanthropists and corporates have come forward to feed the needy," the BBMP joint commissioner Sarfaraz Khan told reporters.

According to BBMP, Indira canteens used to provide two lakh meals a day on normal occasions.

However, since the lockdown has been clamped, the number swelled by almost 50 per cent.

"On Thursday alone, we served 2.85 lakh food, which comprises breakfast, lunch and breakfast," a Palike officer said.

The major aid came from Jain International Trade Organisation (JITO) and Azim Premji Foundation.

While JITO is feeding around 22,000 people, Azim Premji Foundation is taking care of 20,000 people.

Sajjanraj Mehta, an office bearer of JITO, told reporters that his organisation has been providing packaged cooked food since March 27.

"We got in touch with Bengaluru Mayor M Gautham Kumar, Police Commissioner Bhaskar Rao and the BBMP commissioner B H Anil Kumar. According to their list, 27,000 food packets were required daily," Mehta told.

The JITO members have arranged vehicles of their respective businesses to transport food packets to different locations as part of the campaign named as 'COVID-19 manav seva'.

The organisation has also decided to utilise the kitchen of Princess Golf, a marriage hall on Palace Grounds here to prepare food.

Palike officials said on Thursday alone JITO supplied 53,000 meals.

"We asked them to cover migrant labourers in those areas where Indira Canteen could not reach. We mapped the cluster and provided them info. Now, they are distributing it there," they said.

Another organisation engaged in charitable work is ISKCON Bengaluru.

Ever since the lockdown, it has been working in various parts of India providing food to various people.

"We are providing materials such as rice, wheat flour, Daal, oil, vegetables with long shelf life, salt, sugar and spices. Each packet can sustain for at least 21 days," Madhu Pandit Dasa, president of ISKCON Bengaluru.

The organisation has set a target to cover at least two lakh people but so far it has reached out to 30,000 people including 25,000 in Bengaluru alone.

"We are feeding about 50,000 people in Delhi, with the Telangana government we are feeding about 40,000 people in Hyderabad, about 10,000 people in Ahmedabad in association with the Gujarat government," Dasa told.

According to BBMP, other organisations providing food to the needy are KMFY, TVS Group, Vimal Bhandari, Radisson Blue Atria Hotel, Hitech Ecowood, Mohammed Shajid, Prestige Group.

Wipro Ltd also pitched in to feed the poor by opening up its industrial kitchen infrastructure.

In a statement, Global Head- Operations of the company Hariprasad Hegde said the humanitarian crisis we are faced with as part of the Covid-19 crisis has multiple dimensions to it, of which the need to deliver cooked meals to the stranded migrant workers and other vulnerable communities is probably the most critical and immediate one.

Recognising this, Wipro has decided to use the industrial kitchen infrastructure in our facilities to provide cooked meals, he said.

This kicked off on April 2 with the delivery of 43,000 meals from our Bangalore facility in Kodathi to the government.

"We have made use of our own procurement logistics to source the food provisions. This is a collaborative process, with the government taking responsibility for the logistics of last mile delivery to the communities that need it the most,” he said.

In the case of Bangalore, the Karnataka government has come forward to provide this kind of complementary delivery support. We are reaching out to other state governments and local administrations for similar efforts." he said.

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