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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News Network
January 20,2026

KCFabudhabi.jpg

KCF, a global socio-cultural organisation of Karnataka expatriates, is actively involved in education, humanitarian initiatives and community well-being across several countries. The awardees were selected following a structured evaluation of nominations by the Annual Council Program Committee, based on the depth, consistency and long-term impact of their social service.

One of the award recipients, Abdul Razak Haji, a prominent UAE-based entrepreneur from the Qamcon Group of Companies, was honoured for his significant contributions to society. Through both his professional journey and personal initiatives, he has supported numerous employees and families, while also extending assistance in education, housing for the underprivileged and various charitable causes, largely carried out quietly over the years. His award was presented earlier during the Annual Council Program held at the KCF Abu Dhabi office.

The second award was conferred on Latheef Kakkinje, a young social worker based in Abu Dhabi, in recognition of his active involvement in community engagement programmes, sports initiatives, talent festivals and family-oriented social activities. His consistent volunteering efforts and commitment to humanitarian causes were highly appreciated by the selection committee.

The award presentation ceremony for Latheef Kakkinje was held at the Zayed Cricket Stadium (Astro Turf Ground) in the presence of Kedumbady Ibrahim Saqafi, President of KCF UAE; Ibrahim, General Secretary; Kabeer Bayambady, President of KCF Abu Dhabi; Ummer Ishwaramangila, General Secretary; along with other members of the KCF Abu Dhabi cabinet.

Congratulating both awardees, KCF leaders reiterated the organisation’s commitment to recognising individuals who selflessly work for social upliftment and community service.

KCFabudhabi1.jpg

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News Network
January 20,2026

Mangaluru: In a major step towards strengthening rural innovation, the Office of the Principal Scientific Adviser (PSA) to the Government of India is supporting the establishment of RuTAGe Smart Village Centres (RSVCs) across the country through collaborations with academic institutions, civil society organisations and philanthropic partners.

As part of this national initiative, Nitte (Deemed to be University) will set up the first RSVCs in the region at Nitte GP in Udupi district and at the Nitte Health Centre, Sevanjali Trust, Farangipete, in Dakshina Kannada district. The centres will be inaugurated on January 21. In South India, the programme is being implemented by the Section Infin-8 Foundation (SI-8).

Speaking to reporters on Monday, SI-8 founder-director Vishwas US said experts from Nitte University and SI-8 would work closely with farmers, students, youth and local entrepreneurs to adapt and deploy technologies tailored to local needs.

Project head Prof Iddya Karunasagar, representing Nitte DU, said the RSVCs at Nitte and Farangipete would serve as demonstration hubs for a wide range of agriculture, energy, skill-development and assistive technologies. These include solar dryers for fruits, vegetables and crops; soil-testing solutions; power weeders and women-friendly farm tools; wind-powered devices for rural artisans; grain storage systems; grass-cutting and tree-climbing equipment; and liquid fertiliser production using cowshed waste.

SI-8 CEO Aravind C Kumar said the centres would also provide access to digital and knowledge-based platforms such as ISRO applications, government scheme portals, market linkage tools and gamified learning resources, along with assistive technologies for persons with visual impairments.

Highlighting the broader impact of the initiative, Principal Scientific Adviser Prof Ajay Kumar Sood said it demonstrated how applied research could bridge the rural–urban divide and help create self-reliant, technology-enabled villages.

The initiative has been made possible through philanthropic support from Dr NC Murthy of ACM Business Solutions, LLC, USA. Dr Sapna Poti, Director (Strategic Alliances) at the Office of the Principal Scientific Adviser, said the long-term objective is to build self-sufficient, technology-driven communities capable of generating sustainable livelihoods on their own.

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News Network
January 20,2026

DGP.jpg

Karnataka DGP (Civil Rights Enforcement) K Ramachandra Rao was suspended with immediate effect, as per a state government order issued on Monday, 19 January. The order cited conduct unbecoming of a government servant and causing embarrassment to the state administration.

The Karnataka government suspended Rao after a purported video showed him in a compromising position with a woman inside his official chamber. The video went viral on social media. Rao rejected the videos outright, terming them "fabricated and false".

Who is K Ramachandra Rao?

Rao is a DGP-rank officer who was heading the Directorate of Civil Rights Enforcement until his suspension. He was promoted to DGP in September 2023 and assumed office in October 2023, the Sunday Guardian reported.

He also served as the Chairman and Managing Director of the Karnataka State Police Housing and Infrastructure Development Corporation Limited.

His stint as the Inspector General of Police (IGP) for the Southern Range was also marred by controversy. In 2014, during a cash seizure near Mysuru’s Yelwal, officials claimed the seized amount was ₹20 lakh, while the accused (Kerala-based merchants) claimed it was around ₹2.27 crore.

Rao, who was present during the seizure, denied all allegations. However, he was transferred soon after.

Allegations of collusion with a businessman surfaced, and a senior police officer was quoted by The Sunday Guardian as saying, “In Rao’s case, the CID has clearly mentioned that there was a great degree of lapse on the part of Rao and a deputy superintendent of police after it was brought to their notice that a few policemen, including a gunman attached to the IGP, were involved in the robbery.”

Rao had denied all wrongdoing in that incident. Despite past controversies, he rose to the state’s top police position, the Sunday Guardian reported.

Ranya Rao’s stepfather

Rao is the stepfather of Kannada actress Harshavardhini Ranya alias Ranya Rao, accused of orchestrating the illegal import of gold worth over ₹12.56 crore from Dubai to India along with two others — businessman Tarun Raju, and jewellery dealer Sahil Jain.

‘Obscene video’ controversy

A viral video showed Rao behaving inappropriately with a woman inside his office while in uniform.

The Karnataka government said in its Monday order that “vide videos and news reports widely broadcast on public news channels and media platforms, it is observed that Dr K Ramachandra Rao has acted in an obscene manner which is unbecoming of a Government Servant and also causing embarrassment to the Government.”

The order said the matter was examined by the state government, which found that the officer's conduct amounted to a violation of Rule 3 of the All India Services (Conduct) Rules, 1968.

The government said it is prima facie satisfied that "it is necessary to place Rao under suspension with immediate effect, pending inquiry".

During the suspension period, Rao will be entitled to subsistence allowance as per Rule 4 of the All India Services (Discipline and Appeal) Rules, 1969.

The order also places restrictions on his movement, stating that during the period of suspension, the officer must not leave headquarters under any circumstances without the written permission of the state government.

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