HOME > SOCIETY > CRIME > Sex with wife below 18 years will now be rape – SC

Sex with wife below 18 years will now be rape – SC

Police stop a child marriage in Purba Medinipur, West Bengal

The Indian supreme court has held that sexual intercourse with a girl below the age of 18 years will automatically qualify as rape, even if the woman is the wife of the accused.

At present, it is considered rape only if the wife is below 15 years.

The ruling, by a bench headed by Justice Madan B Lokur, came in a case that questioned the exemption given to such cases in India’s rape laws.

Section 375 of the IPC, which defines the offence of rape, has an exception for intercourse or sexual act by a man with his wife.

The plea questioned how Parliament could create an exception in law declaring that intercourse or a sexual act by a man with his wife, aged between 15 and less than 18 years, is not rape when the age of consent is 18.

The petition held that the exemption was “violative of Articles 14, 15 and 21 of the Constitution to the extent that it permits intrusive sexual intercourse with a girl child aged between 15 and 18 years, only on the ground that she has been married.”

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 Indian Penal Code (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.

The government had opposed making such cases punishable under rape laws, pointing out that among Muslims, puberty was enough to qualify for marriage. It said such factors were kept in mind by Parliament before arriving at the law.

During the hearing, the apex court had observed that child marriage cannot go on like this just because this illegal practice was assumed to be legal and has been going on for ages.

The exception to section 375 of the IPC was defeating the purpose of Prohibition of Child Marriage Act and was also in violation of international conventions to which India was a signatory, the petition argued.

Follow ULTRA.news
No decision on Sabarimala Temple Entry for women, referred to constitution bench Gender activists and others waiting for today's Supreme Court judgment on the entry of women into Kerala's Sabarimala temple were slightly disappointed today after the court refused to rule one way or the other, instead referring the matter to a constitutional bench.The benc...
High Court upholds Godhra train conviction, reduces sentence The Gujarat High Court has upheld the conviction of a special court that found 31 people to be involved in a conspiracy to commit the arson attack on the train.However, eleven death sentences were commuted to the life terms. The victims or the kins have been ordered to be co...
KERALA LOVE JIHAD: Supreme Court asks why Fadiya can’t make her own decisions The Kerala 'Love Jihad' case saw a twist today with the Supreme Court making pointed observations while hearing the appeal against a decision by the Kerala High Court to annul the marriage of a Hindu girl who converted to Islam.The court observed that it will examine the que...
CPIM activists attacked for arranging Hindu-Muslim marriage in Kerala Injured CPIM worker DileeshTensions are on the rise between the ruling CPI-M and the Social Democratic Party of India in Ambalapuzha in Kerala after Left activists were attacked, allegedly for arranging the wedding of a Muslim boy and a Hindu girl.The SDPI is second only...
Eight dead in Haryana after Ram Rahim convicted of Rape Supporters of religious leaders Ram Rahim have gone on rampage in Panchkula in Haryana after a court there convicted him of rape.At least eight people have been confirmed dead in Panchkula and over a hundred injured.According to various media outlets, the supporters have ...
Riots in Haryana after Ram Rahim convicted, 3 dead Supporters of religious leaders Ram Rahim have gone on rampage in Panchkula in Haryana after a court there convicted him of rape.At least three supporters of the guru have been shot dead by the police so far.UPDATE - The number of dead has reached eight and injuries are i...
Islamic missionaries arrested for ‘creating tension’ between groups A group of 39 Islamic missionaries have been arrested for door-to-door distribution of religious pamphlets that said, among other things, that people who worship multiple Gods will burn in hell.The volunteers of 'Mujahid Wisdom Global Islamic Mission', who were distributing t...
Liquor shops in Kerala start installing token system Kerala's snaking long queues in front of its liquor shops -- the state's only source of alcohol after bars were banned in 2014 -- are almost as famous as the backwaters and beaches, but some relief may be on the horizon for hapless liquor buyers.As there are only about 340 li...
Ex-Police Chief warns of imbalance in Muslim population growth TP Senkumar | Pic by Wikimedia user Hcilondon1TP Senkumar, who stepped down as the head of Kerala's police force a week ago, has stirred a hornet's nest in the southern states by expressing alarm over the relatively higher fertility rate of Kerala's Muslim community compared...
‘Comrade in burqa’ divides ‘progressives’ in Kerala A photo of a young Muslim girl working with the Students Federation of India, the student wing of the Communist Party of India (Marxist), has reopened questions around whether the Left movement in Kerala is straying from its ideological roots and commitments.Ameera Khan from ...
Kerala Muslim girl draws fire for marrying Hindu boy A Muslim girl who got married to a Hindu boy has come under heavy fire on social media for causing distress to her parents.Many of her former co-religionists found her decision unpalatable."You have sacrificed the eternal for the fleeting, not because you lack education, but ...
Kanhaiya Kumar, Jignesh Mavani, others organize anti-lynching platform Prominent activists such as Kanhaiya Kumar, Jignesh Mavani, Tehseen Poonawalla and Shehla Rashid have formed an anti-lynching front in the background of vigilante attacks in the name of religious symbols like the cow.Under the banner of the National Campaign Against Mob Lync...
German trustee of Mumbai school sexually abuses kindergarten kids A trustee of a prominent international school in Andheri in Mumbai has been booked for sexually exploiting kids studying in kindergarten in the school.An awareness poster by Indian policeAccording to the complaint filed in MIDC police station in Mumbai, a teacher used to...
Indians frantically search for peacock mating data after judge’s remark Search trendsComments by a High Court judge on the odd mating habits of peacocks has given rise to a frenzy of searches on Google from citizens curious to know more about the subject.From practically nothing, the number of searches on the topic 'peacock mating' has explo...
Kerala High court annuls marriage of converted Hindu girl to Muslim man The Kerala High Court has annulled the marriage of a Hindu girl who converted to Islam pointing out that she did not take permission from her parents.According to Sunni Islamic law, it is compulsory for the woman to get the permission of her wali or guardian -- usually her pa...
The fast rise of extremist Islam in Maldives When Hussain Rasheed started talking about his son, a sob choked his voice.Hussain Rasheed (left) and Shauna Aminath (rightmost)His feeble reply wasn't even audible to the small gathering for sometime. When he regained his composure the first question he asked: Why was ...
Patriotism doesn’t mean excluding anyone, give women their rights – Sri Sri Sri Sri Ravishankar, a propagator of Yoga and ancient Indian wisdom, criticized the tendency to oppose any particular community in the name of patriotism.In an interview with WION TV channel, the spiritual leader also asked vigilantism related to cow to be treated and dealt w...
Facebook restores world’s biggest page for Atheists after outcry Facebook has restored 'Atheist Republic', by far the biggest page operated by the Atheist community on any social media network, after it was shut down using 'mass reporting' by religious people.The move followed a big outcry among atheists and free-speech advocates online. ...
Supreme Court upholds death sentence in Nirbhaya rape case The Supreme Court has upheld the death sentence for the four adults convicted in the infamous 'Nirbhaya' rape case of Delhi.A three-judge bench said the act falls 'beyond any doubt' in the 'rarest of rare' cases that is suitable for death penalty. There were two judgements be...
Supreme Court refuses to change decision in Saumya murder case GovindaswamyThe Supreme Court has dismissed a curative petition filed by the Kerala Government against its decision finding the main accused not guilty in the prominent Saumya rape and murder case of Kerala.The case, analogous to the Nirbhaya episode of Delhi, had shocke...
Cow Violence: Amit Shah says will bring situation under control Bharatiya Janata Party President Amit Shah said the state governments run by the party will bring people who commit violence in the name of the cow under control."Trust us, we will bring this under control very soon," Shah said in an interview with India Today television....
Kerala girl secretly films man who masturbates in front of her in train A man who was looking for some cheap thrills on a train in Kerala got more than what he bargained for after the girl he was masturbating in front of secretly recorded the entire incident and uploaded it on social media.The incident is reported to have taken place on the A...
Vande Mataram mandatory in Schools: SC sends notice to govt A popular portrayal of Mother IndiaAfter making the National Anthem mandatory in movie halls, the Supreme Court has moved on to the question of whether or not to make Vande Mataram, the national song of India, mandatory in schools.Taking up a petition on the matter, the ...
‘Will go to any extent to save Kulbhushan Jadhav’ – Rajnath Singh Rajnath SinghHome Minister Rajnath Singh said India will go to any extent to save Kulbhushan Jadhav."We will go to whatever extent we need to, but we will save Kulbhushan Jadav," the minister said, while attending an event in Mumbai.The minister maintained that Kulbh...
RBI refuses to make exceptions for Tirupati temple, Rs 4 cr old notes junked The Tirumalai TempleThe Reserve Bank of India has told the management of Tirumala Tirupati temple in Andhra Pradesh that the money deposited in the temple's hundis cannot be exchanged for new notes.The move was in response to a letter by the temple management asking if i...