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
June 21,2020

Mangaluru, June 21: The first ever repatriation flight from Saudi Arabia’s Dammam Karnataka’s Mangaluru under Vande Bharat Mission (VBM) today brought home around 165 stranded passengers. 

The IndiGo flight took off from Dammam International Airport at 11 a.m. (Saudi time) and landed at Mangaluru International Airport at 6:30 p.m.

The stranded passengers included pregnant women, senior citizens and those who are in need of emergency medical treatment are on board.

The passengers were screened at the Airport before being despatched for institutional quarantine in special buses. 

Even though a few charter flights arranged by a couple of NRI entrepreneurs have already repatriated hundreds of stranded people from Dammam to Mangaluru, the government of India had not operated any repatriation flight under VBM on this sector so far. 

Saudi Kannadigas Humanity Forum (SKHF), an NGO which came into existence to help the stranded Kannadigas in Saudi Arabia during covid-19 lockdown had been successful in persuading the government of India operate a flight on Dammam-Mangaluru sector under VBM. 

SKHF has also set up an online portal for those who were in need of emergency repatriation. In today’s flight around 100 passengers have obtained seats through SKHF.

Watch on Youtube

Comments

Mohd Nadeem
 - 
Tuesday, 23 Jun 2020

Sir i also want to travel india lucknow from saudi arabia dammam and i already issued exit visa by my company but my company tell me you buy tickets and go after that i ask to someone travel agents for booking but they says currently not open booking after that i told my company's about that all situations but they didn't take any action so please sir give me authentic information how to book a flight ticket thank you. 

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News Network
July 12,2020

New Delhi, Jul 12: With the highest single-day spike of 28,637 new cases and 551 deaths being reported in the last 24 hours, India's COVID-19 count reached 8,49,553 on Sunday.

According to the Union Health and Family Welfare Ministry, this includes 2,92,258 active cases, and 5,34,621 cured and discharged or migrated patients. The toll due to the disease has reached 22,674 in the country.

Maharashtra with 2,46,600 cases continues to be the worst affected state by COVID-19 in the country. The state has 99,499 active cases while 1,36,985 patients have been cured and discharged so far. The death toll due to the disease now stands at 10,116.

Tamil Nadu with 1,34,226 cases, including 46,413 active ones, is the next worst affected in the country. While the number of cured and discharged patients is at 85,915 in the state, the toll due to the disease is at 1,898.

The national capital has recorded 1,10,921 confirmed cases so far. However, the number of active cases in Delhi is at 19,895 and 87,692 patients have been cured and discharged so far. With 3,334 deaths being reported due to COVID-19 in the city. 

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News Network
June 9,2020

Bengaluru, Jun 9: JD(S) patriarch H D Deve Gowda on Tuesday filed his nomination as party's candidate for June 19 Rajya Sabha elections from Karnataka.

The former Prime Minister was accompanied by his sons former Chief Minister H D Kumaraswamy and former Minister H D Revanna, state JD(S) chief H K Kumaraswamy and others, as he filed his papers at the office of Legislative Assembly Secretary M K Vishalakshi, who is the returning officer for the polls. JD(S) on Monday had announced that Gowda will be contesting the Rajya Sabha polls.

Announcing the decision, Kumaraswamy had said Gowda decided to contest following the request of Congress President Sonia Gandhi, several national leaders and party legislators, and it was not an easy task to "persuade" him to enter the Rajya Sabha.

The JD(S), which has 34 seats in the assembly, is not in a position to win a seat in Rajya Sabha on its own and will need support from the Congress with its surplus votes. A minimum of 45 votes are required for a candidate to win. If he wins, this will be the second Rajya Sabha entry for 87-year-old Gowda, the first time being in 1996 as the Prime Minister.

Gowda was defeated in Tumkur constituency by BJP's G S Basavaraj by over 13,000 votes in the 2019 Lok Sabha polls. As joint candidate of the then ruling Congress-JDS coalition, Gowda had chosen to contest from Tumkur at the last minute after vacating Hassan-his home turf, to grandson Prajwal Revanna (a current MP).

Election is scheduled on June 19 to fill four Rajya Sabha seats from Karnataka, represented by Rajeev Gowda and BK Hariprasad of Congress, Prabhakar Kore of the BJP and D Kupendra Reddy of JD(S) that will fall vacant on June 25, with their retirement. Today is the last date for filing nominations. With BJP not fielding any candidate against Gowda, his election is likely to be unanimous.

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