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
March 26,2020

New Delhi, Mar 26: While the humans are on lockdown and spending time with their families, animals are free and without any fear roaming around on the otherwise busy roads. From Malabar civets to large Indian bisons, animals are enjoying this time.

Indian Forest Officer Susanta Nanda recently shared a video with the caption, "Indian bison( the gaur) goes for a street walk. The largest extant Bovine, is native to South and Southeast Asia. It can be very aggressive. Rare to see in markets."

The 8-second video shows the large animal freely walking in the market area of Chikmagalur district, Karnataka, while the few onlookers on the road get aside and watch the Bison with utmost amazement.

The videos of animals having a gala time on the roads have become common. After the video was posted online, it became a hit. The clip garnered over 3.1k views and over 100 retweets.

Twitter is amazed at the video. Have a look at the comments.

One user wrote, "Oh! We should vacate this place for them. Guess humans have stayed for too long."

Another Twitter user wrote, "That’s one thing people would follow social distancing with!"

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News Network
April 3,2020

Bengaluru, April 3: Karnataka Chief Minister BS Yediyurappa on Friday held a meeting with Muslim leaders and legislators, seeking their cooperation in containing COVID-19.

In a press statement, the Chief Minister BS Yediyurappa said that the Muslim leaders have agreed to give details of persons who visited Tablighi Markaz in Nijamuddin and has also assured that they will convince the attendees to undergo tests for coronavirus and also follow quarantine rules.

CM Yediyurappa also informed media that the Muslim leaders are also advising the members of their community to offer prayers at home and also to stay indoors to maintain social distancing during "azan".

Also, an appeal has been made to the Muslim community to cooperate with the health workers during the treatment.

The Karnataka Chief Minister also appealed the masses not to pay heed to any sort of rumours pertaning to COVID-19. "Let all of us strictly follow precautionary measures and win the battle over caronavirus."

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coastaldigest.com news network
July 20,2020

Lucknow, Jul 20: Dr Azizuddin Sheikh, who was fighting COVID-19 as a front line worker, passed away after contracting coronavirus in Uttar Pradesh. He is survived by a wife and three small children. 

40-year-old Dr Azizuddin, who hailed from Rajasthan, was serving as a paediatrician at Avanti Bai Hospital and Duffein Hospital, Lucknow for past few years. He had also worked in the Middle Eastern countries. 

When a large number of doctors preferred to stay home following the covid-19 outbreak, Dr Azizudin was working 16 to 17 hours battling the pandemic. 

According to sources, he tested positive for the covid-19 last month. “After the reports came positive, he had to call the concerned authorities many times to take him to the hospital,” recalled his family members.

He was first admitted to Lok Bandhu Hospital and was later shifted to KGMU after his condition deteriorated. Later he was taken to SGPGIMS.
 
“Despite following all the guidelines and taking every precaution while treating coronavirus patients, he tested positive for the covid-19. It’s a shock for all of us,” he said.

He used to console his family members and instill confidence among them, said one of his relatives. 

A local newspaper quoted his friends as saying that he was very dedicated in serving people that he used to take minimal possible fees from his patients. When the family asked him to increase consultation fees his reply would be, “They are poor people, how will they afford”?

After his death, one of his patients Alok Singh wrote about an incident. “When I asked doctor Sahib why he charges so less, his answer was I have to answer Allah. The truth that he has left us will always be the reason for our grief.”

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