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 7,2020

Bengaluru, Feb 7: The Bruhat Bengaluru Mahanagara Palike (BBMP) ordered the destruction of a tilted building in the city after evacuating about 150 people from 35 families in the vicinity, an official said on Thursday.

"The top portion of the building has been destroyed 70 per cent today (Thursday). Later, the destruction contractor will allow machines to be used," Bruhat Bengaluru Mahanagara Palike (BBMP) Yelahanka joint commissioner Ashok said.

Located on Vinayaknagar Street in Hebbal's Kempapura, the five-storey building being used as a hostel for boys got tilted on Wednesday morning, spreading panic in the neighbourhood.

Though the tilted building owned by one Rahul, a jeweller, was a sound structure, Ashok said a neighbour, Babu, hired a JCB excavator to dig deep beside the affected structure to build his own structure.

"Babu not only dug very deep but also damaged the foundation pillar of the tilted building, weakening the structure and leading to its slant," said Ashok.

Babu has been booked and arrested even as the police are on the look-out for the JCB owner and operator.

The titled building erected five floors unauthorisedly and falls into the B Khata category. It was constructed without the civic body's plan, said Ashok. 

A Khata and B Khata denote the two types of khatas that exist under BBMP. Khata is a document which shows a property owner having an account with the municipality to pay taxes. An A Khata denotes that the building owner has paid relevant property taxes and that the building conforms to building bylaws and government rules. A B Khata denotes that the building is in violation of government regulations regarding properties in Bengaluru, even when the civic charges for the property have been cleared by the owner.

"As per procedure, we issue notice, but such constructions are rampant in the city. Under the BBMP jurisdiction, there are 15 lakh B Khata structures," said Ashok.

For all B Khata sites, the civic body does not give any plan and there is no proper control on them, he said.

Ashok said the case to regularise the B Khata buildings to A Khata buildings is currently pending in the Supreme Court.

Luckily, no injury or loss of life has been reported from the tilted building.

The civic body arranged alternative accommodation for the affected families, but most of them chose to stay with their relatives, said Ashok.

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News Network
May 16,2020

Udupi, May 16: Close on the heels of six Covid-19 cases being detected in a little over 24 hours, Udupi recorded its first death of a Covid-19 patient. The victim is a 54-year-old man from Mumbai, who died due to a heart attack on Thursday. His reports came back on Saturday, and confirmed that he had Covid-19. The Udupi district administration has arranged to carry out his last rites as per government designated guidelines for Covid-19 victims.

A medical bulletin issued by the superintendent of Kasturba Hospital, Manipal, stated that the patient was admitted due to a heart-related issue on May 13.

Some members on the team that treated the patient have been quarantined. The hospital’s emergency department will operate as usual, and the outpatient department will operate as usual from 8.30am to 1pm, following government guidelines, the bulletin said. Deputy commissioner G Jagadeesha said that since the patient was from Mumbai, the authorities collected his swab sample for testing, as a precautionary measure.

The man suffered from chest pain, and was initially taken to the taluk hospital at Kundapur from where he was shifted to Kasturba Hospital, due to the seriousness of his condition. The doctors operated on him on May 13, and he suffered a severe heart attack on May 14 and died, the DC said. “Three hospital staff without PPE kits, who attended to the patient, have been quarantined,” the DC said, adding that the operating doctors and nurses had worn PPE kits.

In addition, 5 others who travelled with the person from Mumbai and 57 people with him at the Kundapur isolation centre, have been designated as primary contacts, and 38 others as secondary contacts, and quarantined. The staff at Kundapur taluk hospital too had taken precautions in handling the patient, the DC said. Udupi presently has six active cases, including a 1-year-old child and 5 others, all of whom returned from Dubai on May 12.

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News Network
April 19,2020

Mangaluru, Apr 19: In order to boost the Coast Guard's (CG) surveillance and reconnaissance capabilities on the country's west coast in Karnataka, CG OPV Varaha and CG Dornier 785 ex Kochi were pressed to service to undertake extensive surveillance.

"Both seawards and aerial surveillance of Karnataka coast line will be undertaken from Sunday," said S Babu Venkatesh, Commander, Coast Guard, Karnataka. The surveillance will be an air-sea coordinated operation.

The Coast Guard ships and aircraft maintained extensive search in the area for intercepting any suspect vessel. Indian Coast Guard ships classified various contacts in the area and kept them under constant surveillance.

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