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 6,2020

Bengaluru, Feb 6: A 33 -year-old techie who was on the run after allegedly bludgeoning her mother to death and attempting to murder her brother at their house near KR Puram early on Sunday was arrested along with her friend from a hotel in Port Blair, Andaman and Nicobar Islands, on Wednesday morning.

C Amruta and Sridhar Rao were produced before a court in Port Blair to get a transit warrant, deputy commissioner of police (Whitefield) MN Anuchet said. Police initially thought she had committed the crime as she was unable to repay a loan of Rs 15 lakh and feared being humiliated by the lenders.

"But now we strongly suspect that Amruta and Rao were in a relationship, which was opposed by her mother and brother. We don't see any other reason for her to attack her family members. We can get more details only after questioning the duo," another police officer said, adding, "The most important question is: Did Rao know Amruta was going to kill her mother? Or he got to know about it only later? He'd booked their air tickets to Port Blair on January 31 itself."

Rao and Amruta worked together in a software company in Whitefield till 2017. "Then they joined different firms and were in constant touch," police said.

Preliminary probe revealed the duo flew to Port Blair by catching a flight from Kempegowda International Airport (KIA) at 6.30am on Sunday. CCTV footage had shown Rao - wearing a full-face helmet and carrying a backpack - waiting near Amruta's house on a gearless scooter on Sunday morning. After she arrived, they chatted for a while before riding away. They arrived at KIA on the same bike, police said.

"We checked the passengers' list at KIA for that day and found Amruta's name. With the help of Port Blair police, we traced the duo to a hotel," an investigating officer said.

On Sunday morning, Amruta hit her 54-year-old mother C Nirmala on the head with a digging bar. She later stabbed her younger brother C Harish in the neck. Harish collapsed and thinking that he was dead, she left the house.

In his statement to police, Harish stated, "Around 4.30am, Amruta entered my room and stabbed me. I asked her what was wrong. She said she had a debt of Rs 15 lakh and didn't want the debtors to harass me and our mother."

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News Network
August 4,2020

Bengaluru, Aug 4: With preparations underway for conducting exams for the final semester/ year students in the state, Karnataka Deputy Chief Minister Dr CN Ashwathnarayan on Monday directed the respective universities to conduct exams for the backlog papers as well.

"In the wake of COVID-19, it has been decided to hold exams only for the students of final semester/year courses. It has come to our notice that some universities have decided against conducting exams for final year students who have a backlog to clear from previous semesters. This is unpardonable," the Deputy Chief Minister said.

"Our intention is to see that the final year students finish their course. In the present situation, conducting only final semester exams won't help. We have to help the students in clearing their backlogs," added Ashwathnarayan, directing all universities to compulsorily conduct these exams.

Meanwhile, Ashwathnarayan thanked the staff and officials of various government departments who were responsible for successfully conducting the CET exams even amidst the difficult situation in the wake of COVID-19 pandemic.

"In all, 1,94,419 students had registered for the CET exams, of which 1,75,428 wrote the exams. The percentage of students who took up the exams this year was equivalent to that of the previous years, in normal times," the DCM informed.

"After we successfully conducted the exams, Arunachal Pradesh is going to conduct the Public Service Commission exams on the lines of how we successfully conducted the exams. Likewise, even our KPSC has said it will conduct the exams. We must appreciate the good work of the Karnataka Examination Authority (KEA), which has set an example for others," Ashwathnarayan said.

The deputy chief minister said that 33 colleges in various districts across the state faced shortage of land and that it is the responsibility of the District Commissioners (DCs) to get the lands sanctioned for all these colleges.
In Bagalkot district alone land has not been sanctioned for six degree colleges, he said.

Reacting to this, Bagalkot DC Captain Rajendra assured to look into the matter as soon as he receives the proposal from department officials.

"Similarly, there is shortage of land for five Diploma colleges and 28 ITI colleges in different parts of the state. The DCs must immediately pay attention to this. Once they get the land, buildings will come up within no time," the Karnataka deputy chief minister said.

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News Network
January 17,2020

Mumbai, Jan 17: A 68-year-old convict of the 1993 Mumbai serial blasts case, Jalees Ansari, went missing on Thursday morning while being on parole, officials said.

Ansari, a resident of Mominpura in Agripada here who is serving a life term, is suspected to be involved in many bomb blast cases across the country, an official said.

He was on parole for 21 days from the Ajmer Central Prison, Rajasthan, and was expected to surrender before prison authorities on Friday, he said.

During the parole period, he was ordered to visit the Agripada Police Station everyday between 10.30 am and 12 pm to mark his attendance, he said.

However, Ansari did not visit the police station on Thursday during the designated time, the official said.

In the afternoon, his 35-year-old son Jaid Ansari approached the police station with a complaint about his “missing” father, he said.

According to the complaint, Jalees Ansari woke up in the early hoursand told family members he is going to offer namaz, but did not return home.

On his complaint, the Agripada Police registered a missing case, he said.

The Crime Branch of the Mumbai Police and the Maharashtra ATS have launched a massive manhunt to trace him, he said.

Jalees, who is known as Doctor Bomb, was allegedly connected with terror outfits like SIMI and Indian Mujahidin and taught terror groups how to make bombs, he said.

He was also questioned by the NIA in 2011 in connection with the 2008 bomb blast in Mumbai, he said.

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