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
February 1,2026

Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar on Sunday criticised the Union Budget presented by Finance Minister Nirmala Sitharaman, claiming it offered no tangible benefit to the state.

Though he said he was yet to study the budget in detail, Shivakumar asserted that Karnataka had gained little from it. “There is no benefit for our state from the central budget. I was observing it. They have now named a programme after Mahatma Gandhi, after repealing the MGNREGA Act that was named after him,” he said.

Speaking to reporters here, the Deputy Chief Minister demanded the restoration of MGNREGA, and made it clear that the newly enacted rural employment scheme — VB-G RAM G — which proposes a 60:40 fund-sharing formula between the Centre and the states, would not be implemented in Karnataka.

“I don’t see any major share for our state in this budget,” he added.

Shivakumar, who also holds charge of Bengaluru development, said there were high expectations for the city from the Union Budget. “The Prime Minister calls Bengaluru a ‘global city’, but what has the Centre done for it?” he asked.

He also drew attention to the problems faced by sugar factories, particularly those in the cooperative sector, alleging a lack of timely decisions and support from the central government.

Noting that the Centre has the authority to fix the minimum support price (MSP) for agricultural produce, Shivakumar said the Union government must take concrete steps to protect farmers’ interests.

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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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News Network
January 23,2026

oscar.jpg

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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