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 19,2026

New Delhi: Setting speculation to the rest, the CPI(M) has made it clear that it is open to have an electoral understanding with the Congress “to defeat” the Trinamool Congress and the BJP in West Bengal Assembly election even as it is all set to take on the grand old party in Kerala accusing it of “found wanting” in fighting the Hindutva forces.

The CPI(M) also said that it will contest the Tamil Nadu election “with DMK and its allies to defeat the BJP and its allies”, amid a section in the Congress triggering confusion about its participation in the M K Stalin-led coalition over demand over power-sharing and more seats. It is also willing to join hands with Congress and others in Assam and Puducherry to defeat the BJP.

The decisions came at a three-day meeting of the CPI(M) Central Committee in Thiruvananthapuram, which ended on Sunday after reviewing the poll preparations in the poll-bound states.

The CPI(M)'s decision came even as a section led by West Bengal Congress president Subhankar Sarkar is averse to tying up with the Left Front, claiming that their party is not benefitted by the electoral understanding. Both Congress and CPI(M)-led Left Front had electoral understanding in 2016 and 2021 Assembly elections and 2024 Lok Sabha polls.

Congress and the Left Front fought together for the first time in 2016 when Congress won 44 seats and the CPI(M) got 26. In 2021, the Left Front and the Congress drew a blank. In the 2024 Lok Sabha polls, Congress managed to win one seat while the Left did not win any. In the 2019 Lok Sabha polls, both fought against each other with Congress winning two and the Left none.

“In Bengal, the party will work for the defeat of both the TMC and the BJP, which are trying to polarise the society. We will try to rally all the forces that are ready to work against them,” the CPI(M) said in a statement without naming Congress by name. Senior leaders said there is no change in its strategy of pooling all non-BJP, non-TMC votes.

However, the party was critical of the Congress in Kerala where both will fight against each other.

The CPI(M) said it would "expose the BJP-led Union government’s denial of rightful dues to Kerala, the fiscal constraints imposed and the overall attack on federalism" as also "expose the failure of the Congress to effectively counter this attack on federalism, as the largest opposition party in the Parliament".

"The Congress, especially in Kerala, was found wanting in the fight against communal RSS-BJP, ideologically and this will also be exposed before the people," it added.

In Assam, it said, the CPI(M) will work for the mobilisation of all the anti-BJP parties and forces and defeat the rabidly communal and divisive BJP government. The Left parties are cooperating with Congress in the north-eastern state. In Puducherry, it said it will work for the defeat of the BJP alliance government.

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coastaldigest.com news network
January 19,2026

rizwanzameer.jpg

Bengaluru: As the dust settles on the recent legislative session, the corridors of Vidhana Soudha are buzzing with more than just policy talk. A high-stakes game of political musical chairs has begun, exposing a deepening rift within the Congress party’s Muslim leadership as a major Cabinet reshuffle looms.

With the party hierarchy signaling a "50% refresh" to gear up for the 2028 Assembly elections, the race to fill three projected Muslim ministerial berths has transformed from a strategic discussion into an all-out turf war.

The "Star Son" Spark

The internal friction turned public this week following provocative remarks by Zaid Khan, actor and son of Wakf Minister Zameer Ahmed Khan. Zaid’s claim—that his father "helped" secure a ticket for Shivajinagar MLA Rizwan Arshad in 2023—has acted as a lightning rod for resentment.

Rizwan’s camp was quick to fire back, dismissing the comment as a desperate attempt by Zameer to manufacture seniority. "Rizwan’s political pedigree was forged in the NSUI and Youth Congress long before Zameer even stepped into the party," a supporter noted, highlighting Rizwan’s tenure as an AICC secretary and his two-term presidency of the State Youth Congress.

A Tale of Two Loyalists

While both Zameer Ahmed Khan and Rizwan Arshad are staunch allies of Chief Minister Siddaramaiah and represent Bengaluru strongholds, their political DNA could not be more different:

•    Zameer Ahmed Khan: A four-time MLA who crossed over from JD(S) in 2018. Known for his "overzealous" and often polarizing outreach during communal flashpoints—from the DJ Halli riots to the recent Wakf land notice controversy—his style has frequently left the Congress high command in a state of "discomfort."

•    Rizwan Arshad: A homegrown organizational man. Seen as a "quiet performer," Arshad represents the sophisticated, moderate face of the party, preferred by those who find Zameer’s brand of politics too volatile.

The Outsiders Looking In

The bickering isn't limited to a duo. The "Beary" community, represented by leaders like N A Haris and Saleem Ahmed, is demanding its pound of flesh. Saleem Ahmed, the Chief Whip in the Legislative Council, has dropped the veil of diplomacy, openly declaring his ministerial aspirations.

"I was the only working president not included in the Cabinet last time," Saleem noted pointedly, signaling that the "loyalty quota" is no longer enough to keep the peace.

As Chief Minister Siddaramaiah prepares to finalize the list, he faces a delicate balancing act: rewarding the aggressive grassroots mobilization of Zameer’s camp without alienating the organizational stalwarts and minority sub-sects who feel increasingly sidelined by the "Chamarajpet-Shivajinagar" binary.

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News Network
January 23,2026

Karnataka Governor Thaawarchand Gehlot read only three lines from the 122-paragraph address prepared by the Congress-led state government while addressing the joint session of the Legislature on Thursday, effectively bypassing large sections critical of the BJP-led Union government.

The omitted portions of the customary Governor’s address outlined what the state government described as a “suppressive situation in economic and policy matters” under India’s federal framework. The speech also sharply criticised the Centre’s move to replace the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) with the Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, commonly referred to as the VB-GRAM (G) Act.

Governor Gehlot had earlier conveyed his objection to several paragraphs that were explicitly critical of the Union government. On Thursday, he confined himself to the opening lines — “I extend a warm welcome to all of you to the joint session of the State legislature. I am extremely pleased to address this august House” — before jumping directly to the concluding sentence of the final paragraph.

He ended the address by reading the last line of paragraph 122: “Overall, my government is firmly committed to doubling the pace of the State’s economic, social and physical development. Jai Hind — Jai Karnataka.”

According to the prepared speech, the Karnataka government demanded the scrapping of the VB-GRAM (G) Act, describing it as “contractor-centric” and detrimental to rural livelihoods, and called for the full restoration of MGNREGA. The state government argued that the new law undermines decentralisation, weakens labour protections, and centralises decision-making in violation of constitutional norms.

Key points from the unread sections of the speech:

•    Karnataka facing a “suppressive” economic and policy environment within the federal system

•    Repeal of MGNREGA described as a blow to rural livelihoods

•    VB-GRAM (G) Act accused of protecting corporate and contractor interests

•    New law alleged to weaken decentralised governance

•    Decision-making said to be imposed by the Centre without consulting states

•    Rights of Adivasis, women, backward classes and agrarian communities curtailed

•    Labourers allegedly placed under contractor control

•    States facing mounting fiscal stress due to central policies

•    VB-GRAM (G) Act accused of enabling large-scale corruption

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