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

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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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News Network
January 20,2026

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Iranian security and intelligence forces have captured more than 470 individuals in three provinces, identified as key figures behind the recent wave of violent unrest and terrorist activities linked to foreign-backed networks.

The Intelligence Ministry's provincial office in Khorasan Razavi announced on Monday the arrest of 192 armed terrorists, identified as the main agents behind recent riots in the region. 

According to an official statement, the detainees were involved in the killing of several security personnel and civilians, setting fire to mosques, public service facilities, and buses, as well as attacks on military and law enforcement centers.

The seized items from the group include several bulletproof vests, Kalashnikov rifles, hunting weapons, Winchester rifles, and various cold weapons such as daggers, swords, brass knuckles, tactical knives, crossbows, and chains.

Evidence indicates that some of the individuals were tied to hostile movements and terrorist organizations, with links overseas. Others were identified as members of violent criminal gangs, actively taking part in the unrest alongside their associates.

Simultaneously, in the western province of Lorestan, the IRGC announced the arrest of 134 individuals as the main leaders and influential field agents of a US-Israeli terrorist network.

The IRGC statement stated that these individuals formed terrorist cells during the recent unrest, committing "Daesh-like" acts.

They wounded security forces with firearms and cold weapons, and burned and destroyed public and private properties, including mosques, shops, banks, and private and public vehicles.

In the northwestern province of Zanjan, the police reported detaining 150 people identified as principal leaders and agents behind recent riots.

Authorities noted that these individuals were responsible for destroying public and private property and intentionally setting fire to vehicles in the province's squares.

Their crimes include shedding the blood of innocent people, destroying public and private property, attempting to enter military sites, disrupting public order, and spreading terror among citizens.

A variety of cold weapons were reportedly seized from the detainees.

What began late last month as peaceful protests over economic hardship across Iran turned violent after public statements by US and Israeli regime figures encouraged vandalism and disorder.

During the unrest, foreign-backed mercenaries rampaged through cities, killing security forces and civilians and damaging public property.

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News Network
January 23,2026

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The Voice of Hind Rajab, inspired by the tragic final moments of a young Palestinian girl killed by Israeli fire in Gaza, has been nominated for an Academy Award in the Best International Feature Film category.

Directed by Tunisian filmmaker Kaouther Ben Hania, the film recounts the true story of five-year-old Hind Rajab, who lost her life in January 2024 while fleeing Israeli bombardment with her family.

The film features the real audio of Hind’s desperate call to the Palestinian Red Crescent Society, where she pleaded for help moments before the vehicle she was in was struck by 355 bullets.

The haunting narrative begins with a brief call made from the besieged Tel al-Hawa neighborhood of Gaza, where gunfire and armored vehicles drowned out every sound.

After witnessing the brutal killing of her family, she made a trembling call, her voice reduced to a whisper as she spoke of the massacre and her unbearable loneliness as the sole survivor.

Premiering at the Venice International Film Festival in September 2025, The Voice of Hind Rajab garnered widespread acclaim, receiving a record-setting 23-minute standing ovation and the Silver Lion Grand Jury Prize, the festival’s second-highest honor.

In her acceptance speech, Ben Hania dedicated the film to humanitarian workers and first responders in Gaza, emphasizing that Hind's voice symbolizes countless civilians affected by war.

She aims to give voice to victims often reduced to mere statistics, highlighting the broader suffering of civilians in war zones.

The film’s Oscar nomination underscores its powerful storytelling and ethical approach to depicting real-life tragedy, making it a crucial piece of contemporary cinema.

It serves not only as a narration of individual tragedy but also as an artistic and documentary response to the silence and censorship that often overshadow West Asian struggles and wars.

Using an innovative method she calls docufiction, Ben Hania bridges unvarnished reality and narrative structure, creating a work that is both artistically valuable and socially impactful.

Born in 1977 in Sidi Bouzid—later the epicenter of the Arab revolution—her background profoundly influenced her worldview and artistic approach.

She is a graduate of the Higher School of Audiovisual Arts of Tunis, Pantheon-Sorbonne University, and La Fémis in Paris, where her studies equipped her with the technical and theoretical tools needed to address complex subjects. 

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