Shell Energy Entrepreneurs banner Yudala banner
Indian court rules sex with under-18 wife rape

By Saba Aziz on 11/10/2017

Share on facebook Yahoo mail icon Gmail icon Share on Google+

Views: 1,139

•Indian child marriage ceremony
•Indian child marriage ceremony

The Indian Supreme Court has ruled that sexual intercourse with a wife between the age of 15 and 18 years is a crime.

In a landmark ruling on Wednesday, India’s top court amended the country’s rape law and declared that sex with an underage wife illegal under India’s Penal Code (IPC).

The wife must file a complaint against her husband within a year of the committed offence.

“The exception in rape law under the IPC is contrary to other statutes, violates bodily integrity of girl child,” the court in the capital, New Dehli, said.

The verdict will come into effect for future instances and have no bearing on marriages already solemnised, the court said.

The legal age for marriage in India is 18, but child marriages, are not uncommon, especially in the rural parts of the country.

The Protection of Children from Sexual Offences Act (POCSO) considers sex with a person under the age of 18 as rape.

However, the law had an exception clause that said a man was not guilty of rape if he had consensual sex with a wife who was above the age of 15.

After hearing a petition by NGO Independent Thought, the Supreme Court ruled on Wednesday that the age of consent was 18.

Women’s rights activists in the country hailed the ruling as a “positive step in the right direction” and a possible “deterrent for child marriages”.

“We strongly feel that this decision of the Supreme Court will work in impacting child marriages, also,” J agmati Sangwan, women’s activist and member of the All India Democratic Women’s Association (AIDWA), told Al Jazeera.

Flavia Agnes, women’s rights lawyer and founder of the NGO Majlis, called the verdict a “big milestone”, but questioned its practicality.

“It has to be implemented only if the wife files a complaint,” she said. “The state on its own cannot implement it without a victim being there.”

Curbing child marriage?

The Supreme Court on Wednesday urged the government to take proactive measures to curb child marriage across the country.

India has the highest number of child brides in the world at more than 26 million, according to the UN’s children agency, UNICEF.

Between 2008 and 2014, an estimated 47 percent of girls in India were married before their 18th birthday and 18 percent by the age of 15.

Sangwan believes the order will encourage child brides to “speak up, resist and rebel”.

Agnes, however, said the ruling empowers women “in a limited manner” and more measures need to be taken to put an end to child marriage in the country.

“The steps are not only from the legal side,” she explained on the phone. “It has to be socioeconomic, literacy rate has to go up, empowerment must happen, economic standards must rise and education should be available for girls beyond the primary level. Only then can child marriage be prevented.”

Marital rape

The order also comes at a time when there is increasing pressure from petitioners to criminalise marital rape.

Before Wednesday, there was no crime in the country’s law about rape taking place under wedlock.

Activists say that Wednesday’s judgement sets a positive precedent for future rulings regarding marital rape.

“That’s a different campaign (marital rape), which has already been launched and this judgement will surely help,” said Agnes.

Sangwan said the verdict will encourage the issue of marital rape to be seen in a “more humanitarian and democratic perspective”.

“This ruling will create a positive environment for the debate and discussion around marital rape,” she said.

In another partial victory for Indian women in August, the country’s Supreme Court suspended the “triple talaq” or instant divorce, practised by some in the Muslim community.


Source News Express

Posted 11/10/2017 9:38:34 PM

 

Share on facebook Yahoo mail icon Gmail icon Share on Google+


 

CLASSIFIED ADS

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

 

You may also like...
Biafra Crisis: Nigeria needs N900bn for 3,000 new...

Fire kills 2, destroys 700 make-shift shops in...

Stop Malabu oil scandal probe, Ijaw Youths tell...

Access Bank affirms industry leadership with ‘Bank of...

RIWAMA Boss charges Rivers service providers to intensify...

Rivers APC berates Wike over visits to Chief...

National Assembly summons MTN, Investment Minister and 4...

Breastfeeding prevents breast cancer, diabetes in mothers: UNICEF...

Anambra youths pass VOTE OF NO CONFIDENCE on...

Sickness: Northern governors have betrayed Buhari — Arewa...

Synagogue Church tragedy: Outrage in South Africa over...

BREAKING NEWS: Saraki fails to stop trial

 

Latest News Cows take over airport runway, prevent plane from landing 3 girls suffocate inside parked car in Kano 17 Adamawa PDP chieftains, supporters defect to APC Arrested UNILAG union leaders moved to DSS office Herdsmen poison 6 lions to save cows Obasanjo lays foundation of private refinery in Bayelsa Mass Wedding: Catholic priest sponsors 136 couples in Nasarawa Police raid ritualists’ den in Osun Lagos APC Reps endorse Ambode for second term Grace Mugabe’s degree lands VC in trouble Saraki mourns 21 Bauchi students, 3 teachers, driver Nigeria’s bobsled team fails to impress at Pyeongchang Winter Olympics

 

Most Read Nigerian female sex addict opens up, says ‘I like it with both men and women’ (324,490 views) NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (315,924 views) Shameless Genevieve Nnaji exposes breasts in public (252,495 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (207,333 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (193,854 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (186,258 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (161,897 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (145,322 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (139,615 views) Lagos plane crash: Journalist releases victims’ names (128,505 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (126,927 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (122,321 views)

 

Categories Advertorials (3) African Press Organisation (81) Art & Literature (34) Business (2,894) Business Verdict (33) Columnists (802) Complaints & Requests (94) Enterprise & Opportunities (203) Entertainment (442) Features (548) Global Business Monitor (225) International (1,794) Interviews (143) Live Commentary (28) Love Matters (104) News (32,895) Opinion (883) Pidgin (10) Politics (4,497) Religion (674) Sports (1,432) Stock Watch (27) AMA & Al Jazeera Global Update

 

CBN Banner advert

CBN Words on marble

 

 

Football president George Weah puts Liberian army to the test

 

APO Group Partner

 

CLASSIFIED ADS

Let us build the most comprehensive online database of worthy and credible Nigerians from all walks of life. It is worth doing!

Loss Off Your Belly Fats, Upper Arm Fat and Body Fats In 2weeks Time.. Click HERE To Start Now!

GOCOP Accredited Member

GOCOP Accredited member

 

 

Africa Media Agency and Al Jazeera

Advertisement