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
July 6,2020

New Delhi, Jul 6: India's COVID-19 tally neared the 7 lakh mark with 6,97,413 cases after 24,248 new cases were reported in the last 24 hours, said the Union Ministry of Health and Family Welfare.

As per the Health Ministry, there are 2,53,287 active cases in the country while 4,24,432 patients have been cured or discharged. While one patient has migrated.

425 new deaths were reported in the last 24 hours in the country due to COVID-19, taking the number of patients succumbing to the deadly virus to 19,693.

As per the Health Ministry, Maharashtra continues to be the most impacted state from the infection with 2,06,619 cases and 8,822 fatalities due to the virus. Tamil Nadu in second place has a total of 1,11,151 cases and 1,510 fatalities.

The national capital's COVID-19 cases are also nearing the 1-lakh mark with 99,444 coronavirus cases and 3,067 deaths.

The total number of samples tested up to July 5 is 99,69,662 of which 1,80,596 samples were tested yesterday, informed the Indian Council of Medical Research on Monday. 

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News Network
February 10,2020

Bengaluru, Feb 10: After many twists and turns, veteran Congress leader Mallikarjuna Kharge is emerging as the frontrunner for the KPCC president’s post, party sources revealed.

Though the names of DK Shivakumar and MB Patil did the rounds sometime ago, the party high command could not decide on an apt candidate, and had to widen its horizon looking for a leader who can take all factions along, and they seem to have zeroed in on Kharge.

But the senior Dalit leader is also in the reckoning for the more important All-India Congress Committee president’s post after he successfully stitched up an alliance, despite all odds, between the Congress and Shiv Sena in Maharashtra. He is understandably reluctant to take up the KPCC post. “The central leadership has given him some time to consider the KPCC offer,” the sources said.

The high command would rather go with Kharge as he is politically a far bigger force than Shivakumar and M B Patil and the party central leadership wants a safe pair of hands to handle the affairs of the state, the sources said. Also, senior leaders Siddaramaiah, Shivakumar and M B Patil cannot raise a voice against Kharge if he is elected to the post, they said.

Kharge was the Pradesh Congress chief in 2008 when the BJP was in power under B S Yediyurappa. An old warhorse, Kharge is seen as an able administrator and taskmaster. He had won a record 11 elections on the trot before he was defeated in the Kalaburgi Parliamentary Constituency by his former protege Dr Umesh Jadhav in the last election.

Sources said that the high command will not consider Shivakumar for the top slot till he comes out clean in all the legal cases against him.

It is exactly two months since Dinesh Gundurao resigned as KPCC president after the party managed to win just two out of the 15 Assembly constituencies that went for by-elections. Siddarmaiah too resigned on the same day owning moral responsibility for the loss, but the party has decided to continue with him as the assembly opposition leader, while looking for a replacement for Gundurao. 

The high command sent senior central leaders  Madhusudhan Mistry and Bhakta Charan Das on December 20 to sort out the issue of KPCC president. Though they met the state leaders and held high-level meetings in Delhi, they could not decide on a candidate. Meanwhile, the central leadership has asked Gundurao to continue in the post, till a replacement is found.

‘Congress will protest against scrapping reservation’

Bengaluru: “RSS-BJP is against reservation and have been trying to scrap it for sometime now,’’ said senior Congress leader Mallikarjun Kharge on Sunday. He stated that the Congress would take up the issue for a determined agitation both inside and outside the parliament. He said they must file a petition against this. His reaction comes after the SC recently took a decision where the top court had maintained that reservation in promotions was not a fundamental right.

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News Network
June 12,2020

Bengaluru, Jun 12: The Karnataka government is mulling to issue caste and income certificates to Brahmins though they are in a minority, accounting a mere three per cent of the southern state''s seven crore population, an official said on Thursday.

"Though Brahmins are in a ''minority'' in terms of their population across the state, they need caste and income certificates to benefit from the welfare schemes as in the case of the SC, ST and OBC groups," an official said here.

The Karnataka State Brahmin Development Board was set up in March 2019 as a state-run company with Rs five crore authorized capital and Rs five crore equity and is registered with the Registrar of Companies.

"The Board has petitioned the state government to implement the 10 per cent quota for the economically weaker sections, as its benefit is being given by the central government jobs and in admissions to the national educational institutions," said its chairman H.S. Sachidananda Murthy.

Responding to the demand, state Chief Minister B.S. Yediyurappa said the state government would consider issuing caste certificates to the Brahmins so that they too can benefit from the state''s various welfare schemes.

"Though Brahmins belong to the forward community, they are economically weaker and need financial support," said Yediyurappa on Wednesday after unveiling the Board''s official website for all its stakeholders here.

Brahmins whose gross annual family income is less than Rs eight lakh per annum will be eligible for the benefit schemes.

"The Board will soon be authorised to issue caste and income certificates to the members of the Brahmin community so that they can also benefit from the schemes," said the chief minister on the occasion.

Noting that every community has people who are forward and backward economically for various, including historical reasons, Yediyurappa said the Board would be empowered to serve the Brahmins.

"The Board also proposes to provide interest-free loans to the financially weaker sections of the people in the Brahmin community," added Murthy.

The community members urged the Chief Minister to provide 10 per cent of the state government jobs and seats in state-run educational institutions, including professional collages.

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