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
April 11,2020

Dubai, Apr 11: An Indian expat in the UAE is facing police action for allegedly insulting Islam on social media in response to a Facebook post on the coronavirus, according to a media report.

Rakesh B Kitturmath, who worked as a team leader at Emrill Services, an integrated facilities management (FM) headquartered in Dubai, was sacked on Thursday after his post sparked outrage on social media, the Gulf News reported.

“Kitturmath’s employment stands terminated with immediate effect. He will be handed over to Dubai Police. We have a zero-tolerance policy towards such hate crimes,” said Stuart Harrison, CEO of Emrill Services.

"As an organisation, we have worked hard over the years to embrace diversity and create a culture of inclusion, where every nationality, religion and background is welcomed and celebrated. We have a strict social media policy for our employees to ensure they respect our values, both inside and outside of work," the newspaper quoted Harrison as saying.

Harrison said they are trying to find out if Kitturmath was still in the UAE, according to the report.

“We have over 8,500 employees so this may take a while. That said, we have fired him. If he’s still in the country, he will be handed over to Dubai Police,” he said.

For latest updates on coronavirus outbreak, click  here

Originally from Ranebennuri, Karnataka, Kitturmath joins an ever-growing list of Indian ex-pats who have landed in trouble for alleged Islamophobic messages in recent days.

Earlier this week, Abu Dhabi resident Mitesh Udeshi was sacked for posting a cartoon mocking Islam on his Facebook page while a police complaint was filed against Sameer Bhandari of Future Vision Events & Weddings’ in Dubai after he asked a Muslim job seeker from India to go back to Pakistan.

The UAE outlaws all religious or racial discrimination under a legislation passed in 2015.

The anti-discrimination/anti-hatred law prohibits all acts “that stoke religious hatred and/or which insult religion through any form of expression, be it speech or the written word, books, pamphlets or via online media.”

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
July 22,2020

Bengaluru, Jul 22: On Wednesday morning starlet and Bigg Boss 3 contestant Jayashree Ramaiah sent social media into a tizzy with an update that read, “I quit. Goodbye to this f*****g world and depression.” Friends and acquaintances immediately began reaching out to the actor asking her to return their concerned calls and desist from taking any extreme steps.

“Jayashree has been battling depression for a while now. She had family issues and was also concerned about the lack of work,” shares actor Ashvithi Shetty. The Ramachari twins were in touch with Jayashree since they met at a celebrity cricket match four years ago. “She has shared several times about how low she’s been and I would try to cheer her up. But the problem was that she’d keep changing her phone number so often that it became difficult to keep track of how she was doing,” states Ashvithi.

Around four months ago, Jayashree moved into her own home and mentioned to her that she was happy with this new development in her life. “But she went retreated again and a few days ago, I messaged her on social media and she said she was doing fine. So I was shocked to see this update on Wednesday morning,” avers the actor. Repeated calls finally elicited a message from Jayashree that she was getting admitted to the hospital. “But I also got contradictory information that she had been discharged and had been taken to the hospital again but she was refusing to go inside. I am awaiting more clarity on the issue,” sums up Ashvithi.

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 29,2020

Dammam, May 29: A woman hailing from Mangaluru, who was waiting for repatriation amidst coronavirus lockdown in Saudi Arabia, passed away yesterday after a brief illness.

The deceased has been identified as Lateefa (55), wife of Abdul Azeez, a resident of Angaragundi near Baikampady on the outskirts of the city.

She had flown to Saudi Arabia in November 2019 along with her husband to spend some time with their NRI son in Dammam. They were supposed to return in April this year.

After the sudden cancellation of regular flights due to lockdown, they were waiting for the repatriation flights from Dammam to Mangaluru or Bengaluru.

Meanwhile, Lateefa’s health condition worsened and she was hospitalised. She passed away on Thursday without responding to any treatment. Last rites are expected to take place in Dammam.

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.