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?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 9,2020

Bengaluru, Jul 9: Karnataka Medical Education Minister K Sudhakar on Wednesday said the private hospitals in the state have joined hands with the state government in the fight against COVID-19 and will provide 3,500 beds for patients.

"The meeting with managements of private hospitals has been successful and they have agreed to provide 3,500 beds for COVID-19 treatment," he said while addressing a press conference.

Pointing out that the step would help in providing more beds for COVID-19 patients, he added, "The state government is thankful to the private sector for joining hands with the government in this fight against the pandemic. Apart from beds, private hospitals will also run COVID-19 care centres in collaboration with hotels to treat asymptomatic and people with mild symptoms. Together with beds and COVID-19 care centres, private hospitals will add 6,000 to 7,000 beds in coming days," he said while addressing a press conference.

The minister while clarifying on JJM Medical College stipend issue said he had a number of meetings with the college as also the CM. "Held several meetings with the college management in this regard. I also discussed the same with Chief Minister BS Yediyurappa. He already asked the college management to release the stipend of Resident Doctors and PG Medicos immediately. Now it is up to the college management to act.

Urging the residents of the state to fight the pandemic with honesty, the minister said, "We should be honest about the virus and get tested ourselves without hiding it. Wearing masks, social distancing and following government guidelines are the weapon against COVID-19, which would help us to win this war."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 31,2020

Bengaluru, May 31: With places of worship expected to reopen on June 8, the Karnataka State Minorities Commission has released guidelines for mosques and dargahs, that include social distancing, temperature testing and compulsory hand washing.

Abdul Azeem, commission chairman said, "Everyone will have to maintain one-metre distance and carry their prayer mats. They will all be scanned and Farz prayers will be held for 10-15 minutes. Friday prayers should be completed within 20 minutes."

Distribution of tabarukh, shaking hands, and overcrowding inside mosques will not be allowed.  The Muzrai department also issued guidelines for temples, like mandatory face masks, sanitisation of sanctum sanctorum and thermal screening.

In a letter, the Hindu Religious Institutions and Charitable Endowment Department mentioned that while temple authorities and devotees should wear masks, priests, helpers and workers are exempt, in the core area of the temple.

"Devotees should be scanned using infrared thermometers at the temple entrance, and must be given hand sanitiser. The temple trust is expected to bear the expenses," it added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 30,2020

Mysuru, May 30: District in-charge Minister S T Somashekar on Saturday said that the Mysuru zoo is likely to reopen in June first week and all preparations are being made with precautionary measures.

While talking to media here, he said the initiative has taken considering the well being of animals and keeping in mind to support the tourism sector. "We have already collected the opinions of public representatives of the district. District administration is all prepared to reopen the zoo and waiting for permission from the forest minister and the government," he said.

He also said that he is not aware of the reopening the Mysuru palace for tourists. Chamundeswhari temple atop of Chamundi hils will be open based on the guidelines of the central government. The government taking measures to reopen tourist spots and central government will release the guidelines in the next two days, he added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.