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
February 7,2020

Mangaluru, Feb 7: To stop the NRC and CAA from being implemented everyone has to fight unitedly highlighting the failures of the ruling party, said National President of Priyadarshini squad, All India National Women’s Congress Kavya Narasimha Murthy.

Addressing the workshop for the protection of Citizenship against CAA, NRC and NPR for the party workers at the Cordel Hall, Kulshekar here Thursday by district Congress party, she said, “Protests are being held everywhere against the CAA, NRC and NPR but if we only go on protesting, the ruling party will implementing divisive policies and new laws every day.

Many think that they may not be affected by the CAA, NRC or NPR and keep away from protesting against it. The congress should fight against the CAA concentrating on three approaches. We cannot fight against divisive politics by fighting only against the CAA and NRC. We need to expose the government’s failures, their divisive politics and continue our protests against the CAA, NCR and NPR.”

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News Network
July 6,2020

Bengaluru, Jul 6: As COVID-19 cases continue to surge in Karnataka, more than 20 police stations were sealed in Bengaluru after many policemen tested positive for novel coronavirus.

"Since the last few weeks, the number of COVID-19 cases in the police department has increased as many of the policemen have tested positive, so that's the reason why the police have taken a decision to close police stations," Bengaluru Commissioner of police Bhaskar Rao said.

He added, "However, people can lodge their complaints and other issues can be solved in help desks launched outside premises of the police station. Most of the areas where positive cases found in the police station are been sealed down for the safety of the people and sanitised them."

However, some of the police stations would be functional from outside the premises.

Commercial Street, Cottonpete, Chickepete, KG Halli traffic police station are among the few stations closed due to scare of the coronavirus spread after some policemen tested positive in particular stations.

Rao further said that the traffic police, civil police along with home guards have been given safety gloves, face masks, and sanitizers along with face covers by the department of police.

According to the Union Health Ministry, 23,474 COVID-19 cases have been reported in the state, as of Monday.

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June 2,2020

Kasaragod, Jun 2: Kumbala police on Tuesday arrested 20 persons on charges of misbehaving and obstructing a medical team who were on official duty for Covid-19.

Police sources said the incident occurred at Kumbala beach near here on Monday evening when a group of locals misbehaved and obstructed an eight-member medical team, comprising of doctors and health workers, from carrying out a survey to asertain whether there has been a community spread of Covid-19 in that locality.

The health team was on a mission to gather data of people who had interacted with expatriates after they had returned to hometown recently.

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