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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coastaldigest.com news network
June 16,2020

New Delhi, Jun 16: The class 10 and 12 students of the CICSE board can choose not to appear for pending board exams and be marked as per their performance in pre-board exams or internal assessment, according to top officials.

The board had also submitted the proposal before the Bombay High Court on Monday in response to a petition filed by a parent seeking directions to the authorities to cancel exams in view of the spike in COVID-19 cases.

According to Gerry Arathoon, Chief Executive and Secretary, Council for the Indian School Certificate Examinations (CISCE), the students will have to communicate their option to their respective schools by June 22.

For latest updates on coronavirus outbreak, click here

The exams which were postponed due to the lockdown to contain the spread of coronavirus, are now scheduled to be conducted from July 1 to 14. However, several parents have been demanding the exams be scrapped.

"The students will be given two options---they either appear for the rescheduled exams or choose to have their results based on their performance in the pre-board exams or internal assessment. The option will be available only for the pending exams, the result of the subjects for which exams were already conducted, will be calculated as per performance in the exam only," Arathoon said.

The board also clarified that the students will not be entitled to make a subject-wise choice between the two options for pending exams.

Unlike the Central Board of Secondary Education (CBSE), which will only be conducting exams in 29 subjects crucial for promotion and admission to higher educational institutions, the CISCE will be conducting all pending exams.

The pending CBSE exams are scheduled from July 1 to 15. The schedule for the board exams has been decided in order to ensure that they are completed before competitive examinations. While the engineering entrance exam JEE-Mains is scheduled to be held from July 18 to 23, the medical entrance exam NEET is scheduled for July 26.

While the CBSE has given the option to not appear for pending board exams for differently-abled students, it has canceled the examinations for its around 250 schools situated abroad and has adopted the criteria of awarding marks on the basis of either practical exams conducted or the internal assessment marks.

Coronavirus India update: State-wise total number of confirmed cases, deaths on June 16

A group of parents has filed a petition in the Supreme Court seeking a direction to the CBSE to declare results on the basis of tests already conducted, and calculate the total on an average basis with internal assessment marks of the remaining subjects.

Universities and schools across the country have been shut since March 16, when the Centre announced a countrywide classroom shut down as part of measures to contain the COVID-19 outbreak. A nationwide lockdown was announced on March 24, which came into effect the next day.

While the government has eased several restrictions, schools and colleges continue to remain closed.

According to Home Ministry guidelines, there will be no exam centres in containment zones.

"Wearing of face masks by teachers, staff and students will be mandatory. There shall be provisions of thermal screening and sanitiser at the centres and social distancing rules will have to be followed at exam centres. Special buses may be arranged by states and UTs for transportation of students to exam centres," the Home Ministry has said.

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coastaldigest.com news network
August 3,2020

Bengaluru, Aug 3: Karnataka Chief Minister BS Yediyurappa tweeted late Sunday night that he had tested positive for the novel coronavirus. 

In a brief post on Twitter, Mr Yediyurappa said that he was fine but had been hospitalised on the advice of doctors. While his daughter Padmavathi has also tested positive for the virus, the Chief Minister's son, Vijayendra, has tested negative.

The Chief Minister's media team has said he has been admitted to Manipal Hospital. Mr Yediyurappa, 77, also requested those who had come in contact with him to be wary of Covid symptoms and self-isolate.

"I have tested positive for coronavirus. Whilst I am fine, I am being hospitalised as a precaution on recommendation of doctors. I request those who have come in contact with me recently to be observant and exercise self-quarantine," the Chief Minister's tweet read.

The testing of the Chief Minister was done as part of the routine weekly tests he undergoes along with his staff. The results of Mr Yediyurappa's gunmen and security staff, around 50 of them, are expected today.

Staff members at Mr Yediyurappa's home office, Krishna, had tested positive early last month. 

At that time Mr Yediyurappa said: "I am going to discharge my duties from home from today for the next few days in view of some of the staff in the office-cum-residence Krishna testing positive".

Mr Yediyurappa had also met Karnataka Governor Vajubhai Vala in Bengaluru on Friday. State Home Minister Basavaraj Bommai was also present at the meeting.

The Chief Minister is the second high-profile political leader to confirm testing positive for COVID-19 today; hours earlier Union Home Minister Amit Shah tweeted similar news.

Mr Shah, 55, too said he was "fine" and that he had been hospitalised on the "advice of doctors".

The minister also asked all those who had been in contact with him over the last few days to "please isolate yourself and get your tests done".

The Home Minister was at a cabinet meet last week, at which top colleagues, including Prime Minister Narendra Modi, Defence Minister Rajnath Singh and Finance Minister Nirmala Sitharaman were present.

All Covid norms, including social distancing, were followed at that meeting, sources said.

Last month Madhya Pradesh Chief Minister Shivraj Singh Chouhan tested positive for the virus as well. He has been in hospital since then and tweeted today to say that he was well and, minutes after Mr Yediyurappa tweeted his Covid positive status, he posted a get-well-soon message.

"I pray to God for your speedy recovery, Yediyurappaji," Mr Chouhan wrote.

Mr Chouhan had tweeted a message for Mr Shah too. "Home Minister Amit Shah, may God help you recover soon, so you can serve the nation with full energy. Our best wishes are with you," his tweet read.

Former Karnataka Chief Minister Siddaramaiah also tweeted, saying: "I wish BS Yediyurappa a speedy recovery and to return with good health to continue his work for the people".

Tamil Nadu Governor Banwarilal Purohit also tested positive today, Chennai's Kauvery Hospital, where he has been admitted, said. He is asymptomatic and clinically stable.

On Sunday morning the virus claimed the life of a UP minister - Kamal Rani Varun, 62, died at Lucknow's Sanjay Gandhi Postgraduate Institute of Medical Sciences.

Over the last 24 hours, 54,735 cases were reported, taking the total number of cases to 17,50,723, data from the Health Ministry showed.

The continuing spike in cases over the past weeks comes as India gradually re-opens its economy after more than four months of the world's strictest lockdown. Unlock3, the third phase of easing of restrictions, came into effect on Saturday.

It took just 185 days for India to cross the 17-lakh mark after the first case was reported in Kerala in January; it took 110 days to record the first 1 lakh cases. More than 60 per cent of total cases in the country and over 50 per cent of total deaths have been recorded in July.

Also Read: Karnataka CM is in clinically stable condition: Manipal Hospital

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News Network
May 8,2020

Bengaluru, May 8: 45 more COVID-19 cases have been reported from Karnataka, taking the total number of coronavirus cases in the state to 750, the state Health Department said on Friday.

According to the Health Department, the total cases include 371 discharged cases and 30 deaths.

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