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 news network
May 28,2020

Bengaluru, May 28: The Karnataka government has done away with previously mandatory COVID-19 testing for asymptomatic international travellers. 

The development comes a day after the government issued a circular, which allowed placing of international travellers into home quarantine if they had completed seven days of institutional quarantine.

A circular signed by Jawaid Akhtar, Additional Chief Secretary to the State Government, dated May 27, says that any “person who has completed seven days of institutional quarantine and is asymptomatic can be permitted for home quarantine with a COVID-19 test (RT-PCR), subject to undergoing a medical check-up.”

This check-up equates to thermal screening (with a required temperature of under 37.5C or 99.5F and pulse oximetry of under 94%). 

The circular added that all elderly people, over the age of 60, and those with comorbidities (such as Diabetes mellitus, hypertension, asthma, heart ailment, renal disease...etc) are “required to be clinically evaluated diligently prior to shifting them for quarantine.”

On Wednesday, Pankaj Pandey, Commissioner, the Department of Health and Family Welfare said that these new guidelines were based on recommendations from the COVID Task Force. A member of the COVID Task Force said that new strategies had been formulated based on the latest findings on how the SARS-Cov-2 virus affects people.

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News Network
March 24,2020

Mangaluru, Mar 24: The District Wenlock Hospital Superintendent Dr H R Rajeshwaridevi has filed a complaint with the police on Tuesday seeking action against those circulating fake videos of a man infected with COVID-19, at the hospital.

In the video, a man was seen struggling to breathe at a hospital. The message in the video says that the man was admitted at Wenlock Hospital.

Dr Rajeshwaridevi, who issued a clarification, stated that video clips which are being circulated on social media is not from Wenlock Hospital.

Moreover, Wenlock Hospital does not use blue colour beds.

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Agencies
February 25,2020

New Delhi, Nov 25: According to multiple media reports, at least 11 people were killed and around 150 injured in the large scale violence unleashed by the Sangh Parivar activists to suppress anti-CAA agitation in the capital of India.

Violence was reported from Jaffrabad, Chandbagh, Maujpur, Bhajanpura, Gokulpuri, Khajuri Khas, Kardampuri, Dayalpur and Hauz Rani and prohibitory orders were clamped in several areas of North East Delhi. 

The MHA said the situation was under control and paramilitary forces have been deployed in large numbers in trouble spots. The Gokulpuri tire market was set on fire. The violence has also led to the destruction of several crores worth of property. 

As tension smouldered in the national capital's northeast and the sun set over another restive day, violence cut a swathe through several localities, including Chand Bagh and Bhajanpura, with stones and other missiles hurled and shops set ablaze.

Rioters damaged two fire tenders in Gokulpuri and crowds raising incendiary slogans set on fire fruit carts, rickshaws and anything that came in their way in the epicentre of the trouble Maujpur and other places.

With US President Donald Trump also in the city, Delhi Police ramped up security. It fired teargas shells to disperse the rioters -- armed with stones, rods and even swords and many wearing helmets to protect themselves -- and was assisted by paramilitary personnel.

Streets were littered with mangled remains of vehicles, bricks and burnt tyres, mute testimony to the violence and bloodshed that took on a communal taint on Monday and injured about 180 people, including 48 police personnel.

According to GTB Hospital Medical Superintendent Sunil Kumar, six people were declared brought dead on Tuesday, taking the death toll in 11. At least 35 injured people were also taken to the hospital today.

"Fifty per cent of those injured have sustained bullet injuries," Kumar added.

As the violence continued unabated, police officials said the situation was under control and flag marches were conducted in Bhajanpura, Khajuri Khas and other places.

Union Home Minister Amit Shah convened a meeting with Delhi Lieutenant Governor Anil Baijal, Chief Minister Arvind Kejriwal, Delhi Police chief Amulya Patnaik and others to address the situation.

The meeting resolved that workers of political parties should join hands to restore peace and peace committees should be reactivated in all localities.

In scenes not seen in the national capital for decades, frenzied groups thrashed people on the road and vandalised vehicles.

The media also came under attack.

Akshay, a journalist with JK 24X7 News, received a bullet injury and was in a serious condition in hospital, and two reporters from NDTV were beaten and punched by rioters. Many other journalists were heckled and told to go back.

Schools were shut and fearful residents stayed indoors as restless crowds roamed the streets, seemingly unmindful of prohibitory orders restricting the assembly of more than four people imposed on Monday.

"There is hardly any police presence in the area. Rioters are running around threatening people, vandalising shops. Families need to be evacuated. We are unsafe in our own homes," said a resident of Maujpur, requesting anonymity.

Another added that this is the first time in 35 years -- possibly since the 1984 anti-Sikh riots -- that he has seen a situation such as this. "The area had always remained peaceful," he told PTI.

Trouble continued through the day.

Around 5 pm in Chand Bagh, for instance, security personnel were pelted with stones. They chased the mob, only to be attacked afresh with some people also armed with petrol bombs.

A few residents in Yamuna Vihar and Jaffrabad told PTI they had seen rioters with swords in their hands.

The 11 killed include Delhi Police head constable Ratan Lal. While Lal died of gunshot wounds, it is still not yet clear what killed the others or who they all were.

Among those killed was Vinod Kumar, a resident of Ghonda who was brought dead to the hospital and whose body is at the morgue of the Jag Parvesh Hospital.

Also killed was Mohammad Furkan from Kardampuri, near Jafrabad, who got married in 2014 and has two children. His brother, Mohammed Imran, overcome with grief, said they were both in the handicrafts business.

"He had gone to get some food for his children. Someone told me he had been shot. I couldn't believe it as I had met him barely an hour earlier. I kept calling him... I then rushed to GTB Hospital where I was told that he is dead," he told reporters, sobbing inconsolably outside the hospital.

Imran blamed BJP leader Kapil Mishra's tweet, giving Delhi Police an ultimatum to clear the streets of protesters and saying people would be quiet only until Trump is in India.

"Before that everything was peaceful," he said.

One person seen brandishing a gun before police on Monday was identified as Shah Rukh and been arrested yet. Police said 11 FIRs have been filed.

Kejriwal, who held a meeting with senior officials and MLAs of all parties to discuss the situation, asked people to refrain from violence and said all issues can be dealt with through dialogue.

"Stop this madness," he said after visiting the injured in GTB Hospital.

"I have met the people who were injured, also met some people who sustained bullet injuries. The biggest concern is to stop the violence. I appeal to everyone to stop the violence," he said.

Five stations on the Delhi Metro's Pink Line were closed for the second consecutive day on Tuesday in the wake of the trouble.

Deputy Commissioner of Police (Shahdara) Amit Sharma underwent an operation on Monday night for the head injury sustained during the clashes.

Comments

Angry Indian
 - 
Wednesday, 26 Feb 2020

pakistan is very very happy to see this because we indian MARONS fighting each other as a HINDu & MUSLIM destroying our country with our own hand..

great india..jai hind

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