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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coastaldigest.com news network
January 19,2026

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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 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 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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