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
May 9,2020

Chikkamagaluru, May 9: Karnataka Minister for Tourism C T Ravi on Friday said that Indians who are stranded abroad are being repatriated into the country on the pre-condition of quarantine.

“The Centre is repatriating Indians who are stranded in around 37 countries, amid the lock-down, of which people from Saudi Arabia and Dubai will be brought via ship for free. These people will have to undergo the mandatory quarantine period once they land in the country,” Ravi told media here.

The government has accorded priority to the elderly and pregnant women during the repatriation process. The state government has held due discussions with the Centre in this regard, he added.

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coastaldigest.com news network
July 9,2020

Jeddah, Jul 9: Karnataka NRI Forum Jeddah, a registered charitable organization under Government of Karnataka & Indian Consulate Jeddah - Saudi Arabia, helping the Kannadigas overseas and in Karnataka state as well, has initiated played its role in helping stranded Kannadigas to travel back to home under Vande Bharath Mission. 

The first flight which was departed to Bengaluru from Jeddah through this mission had 155 passengers. The forum had helped hundreds ofstranded Kannadigas in reaching their destinations with majority passengers were on emergency medical issues and pregnant women.  Still hundreds of Kannadigas are looking ahead for the help to fly back.

Now, the forum has organized two separate charter flights with Spice jet for Mangaluru (IXE)on16TH July 2020 & for Bengaluru (BLR) on18TH July 2020 from Jeddah (JED) airport respectively, with the support of Indian Consulate Jeddah and the Karnataka State Government.

As the huge demands from Kannadigas having very limited seats availability, the passengers (from Karnataka Only) can book and confirm their tickets by submitting their booking data under the link given below. Priority will be given to passengers with critical needs. 

https://forms.gle/BGvFFXoNSxVmrpRh9

Note: The passengers already booked tickets with KARNATAKA NRI FORUM JEDDAH shall not reapply, you will be receiving emails / calls from the Forum shortly.

For further information you can send emails to [email protected] or by calling to below given numbers.

Mohammed Mansoor (President): +966 50459 4752
Shaikh Saoud (Chief Coordinator): +966 55978 3092

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News Network
June 4,2020

Bengaluru, Jun 4: Karnataka opposition leader Siddaramaiah created a flutter on Wednesday saying many disgruntled BJP leaders had met him.

"Many disgruntled BJP lawmakers have met me and, of course, expressed their displeasure," tweeted Siddaramaiah.

Congress leader Siddaramaiah''s statements assume significance as recently several reports emerged highlighting some north Karnataka legislators meeting over dinner to put pressure on Chief Minister B.S. Yediyurappa to expand the cabinet and offer them ministerial roles.

North Karnataka leaders such as Umesh V. Katti, Chitradurga MLA G. H. Thippareddy and Vijayapura MLA Basanagouda Patil Yatnal and others met over dinner.

However, the Chief Minister said he was too busy to even look at the dissidence because he is occupied with development work of the state and fighting Covid.

Siddaramaiah, the former chief minister, alleged that Yediyurappa''s son Vijayendra is functioning as a non-constitutional chief minister.

"This is true in the BJP. That dissent will continue. We are not responsible if the government collapses," he pointed out.

The Congress leader said Karnataka has stooped to the level of not being in a position to even pay salaries to its employees.

"The state was the first in economic discipline during our government. Now the government has no money to pay salaries to government employees. Not only the state but the entire country is financially bankrupt," he said.

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