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 14,2020

Mysuru, Feb 14: Citing the coronavirus scare prevalent in the city, hotel owners have urged the civic corporation to shut down roadside food vends, calling them a risk to public health.

A team of the city Hotel Owners Association, led by president C Narayanagowda and honorary secretary Ravindra Bhat, met mayor Tasneem Bano and MCC commissioner Gurudatta Hegde on Tuesday and urged them to implement the high court’s ban on street food vending.

In a statement issued on Thursday, the association said it had raised the poor hygiene at such joints amid the coronavirus threat and increasing incidence of chikungunya and malaria in the city. There is no check on the ingredients or water used and the cleanliness of the kitchens and cooking staff, they pointed out. Many of the joints operate near drains and public urinals and don’t have running water for washing or cleaning utensils, they said. Besides, the vends dump unsegregated garbage and compromise pedestrian safety by blocking pavements, they alleged.

“As this involves the livelihood of the vendors, I will take a decision after discussions with the commissioner and elected representatives,” the mayor said while pointing out that MCC had issued identity cards to the vendors after collecting details about them and their stalls. She said the health and education standing committees would also be consulted.

Commissioner Hegde said MCC was planning to move the vendors to designated hawking zones to ensure their livelihood was not affected. He explained that any drive to remove the vends was fraught with law and order problems. “False cases have been filed against MCC officers whenever they conducted drives against footpath food vendors in non-hawking zones. We will consult with the city police commissioner before taking any steps,” he said.

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News Network
March 20,2020

New Delhi, Mar 20: An official of South Western Railway has been suspended for "hiding" her son, who returned from Germany and later tested positive for coronavirus.

The youth has been hiding at a railway guest house in Bengaluru, officials said on Friday.

"She (the railway official) not only failed to inform authorities about her son's return from Germany, but also endangered the lives of others by lodging him in a railway rest house near the main Bangalore railway station," railway spokesperson E Vijaya said.

The Assistant Personnel Officer (Traffic) has been suspended, Vijaya said.

The 25-year-old man, who came from Germany via Spain and was instructed to be in home quarantine after he landed at the Kempegowda International Airport in Bengaluru on March 13, later tested positive for Covid-19 on March 18.

"She virtually hid her son to protect her family but endangered all of us," a South Western Railway official said.

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News Network
July 22,2020

Mangaluru, Jul 22: On the direction of the Karnataka government, private medical colleges in Dakshina Kannada have reserved 4,000 beds for the treatment of Covid-19 infected patients.

With this, the district will have a total of 4,720 beds for the treatment including that from the government set up.

The district administration has directed the eight private medical colleges to reserve 50 of its beds for treating the infected patients. Accepting the direction of the district administration, the management of medical colleges have submitted details on the beds reserved to the authorities concerned.

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