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 web desk
June 18,2020

Vijayapura, June 18: Shoukat Ali Sumbad, a local farmer, has donated land for the construction of Chennamma memorial, modelled on the Kittur fort, at Sindagi town in Vijayapura to celebrate the town's connect with the valorous Lingayat queen who fought the British in 1824.

Basava Jaya Mrutyunjaya Swamiji of Lingayat Panchamasali Peetha Kudala Sangam said Shoukat Ali came forward to donate his land adjacent to the state highway when local authorities failed to provide land for the memorial. 

"The committee led by Basava Jaya Mrutyunjaya Swamiji sought a 15x10 plot but when I went through their plan of constructing a model of Kittur fort, I decided to donate 425 sq ft," said the 61-year-old farmer. 

"Rani Chennamma is the pride of every Indian, irrespective of caste and creed, and my contribution is nothing compared to her sacrifice for the nation," he added.

Shoukat Ali, who lives in the neighbouring town of Almel, said he is a man of modest means but proud to make the contribution. "I own nine acres of land in Almel. I have six sons and two daughters. Two of my sons run small businesses in Mumbai. Ten of us live in a small house in Almel," he said.

“I also work as a broker to sell or buy sites. I had bought 15 guntas of land in Sindagi for my children some 15 years ago. When our MLA MC Managuli and Swamiji sought land for the memorial, my entire family agreed wholeheartedly” Shoukat Ali said.

“As Chennamma’s history is linked to Sindagi, there has been a demand for a memorial here since 2008, but the town municipal council failed to provide land due to political and technical reasons,” said Swamiji. 

“There were plans to observe a Sindagi bandh in the first week of June to protest the indifference of authorities. But then Sumbad gave us his land. We have formed a committee to construct a model of Kittur fort and a bronze statue of Chennamma at a cost of Rs 28 lakh,” he added.

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News Network
June 23,2020

Bengaluru, June 23: A frustrated chartered accountant has committed suicide after killing his wife and mother-in-law in two different cities of India.

The murder-murder-suicide came amid acrimonious divorce proceedings that might have also involved a property dispute, police said.

Amit flew to Bengaluru last weekend to kill his estranged wife at her Whitefield residence before returning to Kolkata, where he shot dead his mother-in-law and then killed himself at an upscale residential complex in North Kolkata on Monday evening.

Amit and his wife Shilpi Agarwal, who is also a CA, had been living separately since last the two years after their marriage turned sour.

Amit took his 10-year-old son from Bengaluru with him on Monday and dropped him at his uncle’s house before heading to his in-laws’ place Phoolbagan, police said.

Neighbours told cops they heard arguments “appeared to be” over some property documents that Amit wanted his in-laws — 70-year-old Subhas and 62-year-old Lalita Dhandhania — to sign.

The first gunshot was heard a little before 6.30pm, following which Subhas ran out of his flat, bolted the door from outside and took refuge inside his next-door neighbour’s apartment. Police arrived a few minutes later to find Amit and his mother-in-law dead. Police found a suicide note from the flat.

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News Network
March 15,2020

Bengaluru, Mar 15: The week-long ban imposed by the Karnataka Government from Saturday is yet to get a total response in the State to fight against the spread of killer disease Coronavirus (COVID-19).

The ban has witnessed a considerable reduction in the travelling public by Bus and train. Bus terminal and Railway stations wore desert look or only a very few public travelling. KSRTC, which was maintaining service for every 10 minutes once between the State Capital and to City of Palaces, was forced to cancel most of the service due to very little patronage. 

"We were left with no option but to cancel the fleet since there are no passengers," sources at the KSRTC Bus terminal told media persons.

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