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SC decries sex with minor bride as a “discriminatory, capricious and punishable act”

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[vc_row][vc_column][vc_column_text]Apex court verdict is only on the issue of sex between husband and wife who is aged between 15 and 18 years, not on larger issue of marital rape

In a landmark order, a Supreme Court bench of Justices Madan B Lokur and Deepak Gupta has decided that a husband’s having sex with his wife who is aged between 15 and 18 years is a punishable offence under the Indian Penal Code (IPC) – as amended by the Criminal Law (Amendment) Act, 2013. The bench directed that the police can arrest and prosecute the husband if the wife complains.

This is the verdict that the Bench delivered on Wednesday (October 11), but the top court also made it clear that it has not dealt with the issue of marital rape. That issue is being heard at the Delhi High Court, so the apex court has not moved into that realm. In case of marital rape, age ceases to be an issue. This is a specific area within the wider issue of marital rape.

In giving its verdict, the apex court clearly stated that Exception 2 to Section 375 of the IPC (law on rape) was “discriminatory, capricious and arbitrary under Article 14” (which provides for equality before the law and equal protection… and prohibits discrimination on grounds of religion, race, caste, sex or place of birth, or any of them) of the Indian Constitution as well as under the POCSO Act.

The Bench also observed in its judgment that the states and the Centre must make some guidelines related to this. The case came up through a writ petition filed by an NGO Independent Thought, questioning the constitutionality of a provision permitting a man to have physical relationship with his wife if she is aged between 15 and 18 years.

The Bench also expressed its concern over the practice of child marriage, observing that social justice laws are not being implemented with the spirit with which they have been enacted. It said the government has to take action to stop the mass child marriages that take place on the occasion of Akshay Tritiya and other such religious occasions.

Explaining the reading down of Exception 2 of the section, the Bench said: “The exception in rape law under the IPC is contrary to other statutes, violates bodily integrity of girl child.”

The Supreme Court had completed its hearing on the issue on September 6 and had reserved its judgment.

While the Supreme Court Bench clarified that it had not dealt with marital rape, the NGO’s contention in its writ was that this act of the husband, without the consent of the bride, needs to also be termed marital rape.

In fact, it was clear in the argument of advocate Rana Mukerjee, for the Union of India, that the age of consent was important. He had said: “The Law Commission’s 77th report makes a provision for the girl to report any sexual offence, directly to highest police authorities. From the 13th Law Commission report pertaining to consent to have sexual intercourse, a committee was formed which raised the age of consent from 16 to 18years.”

“A committee formed under Justice Verma relied on this reference and recommended a compulsory age of 18 years to have sexual intercourse,” the counsel had said. However, Mukerjee had virtually contradicted himself in placing before the court the position of the government, when he had said: “Consideration of rape in marriages would weaken traditional family values in India, and that marriage presumes consent.”

Then, as a backup thought, he had said that 15 to 18 years is a qualified age to have sexual intercourse. Even, Muslim Law recognises 15 years as the age of puberty.

This assumption that marriage presumes consent has not gone down well with the court. Not only does it run in the face of age of consent (18), it also presumes that even if the bride refuses to have sex the law will assume that she has consented.

All of that has been struck down by the court on Wednesday.

-India Legal Bureau

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India News

Telegram CEO Pavel Durov criticises India restriction, says leak networks shifted to other apps

Telegram founder Pavel Durov has responded to India’s temporary restriction on the platform ahead of the NEET-UG 2026 re-examination, arguing that the move affected ordinary users without stopping alleged leak networks.

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Telegram founder and CEO Pavel Durov has criticised India’s decision to temporarily restrict access to the messaging platform, arguing that the move failed to curb alleged exam leak operations and instead affected millions of legitimate users.

The restriction was imposed ahead of the NEET-UG 2026 re-examination as authorities sought to prevent the spread of leaked exam-related material and disrupt networks allegedly involved in malpractice.

In a public response, Durov said the action had inconvenienced a large number of users across India while those responsible for sharing leaked content had simply migrated to alternative platforms.

According to Durov, restricting access to Telegram did not eliminate the problem authorities were trying to address. He claimed that groups involved in distributing exam-related leaks quickly shifted their activities elsewhere, raising questions about the effectiveness of platform-specific restrictions.

The temporary curbs were announced by the government in the lead-up to the NEET-UG re-test scheduled for June 21. Officials said the move was aimed at safeguarding the integrity of the examination process following concerns about the circulation of leaked material online.

The restriction is currently expected to remain in place until June 22.

Durov also stressed that millions of Indian users rely on Telegram for communication, education, business activities and community engagement. He argued that measures targeting an entire platform can have wider consequences for users who have no connection to alleged wrongdoing.

The government’s action came amid broader efforts to prevent cheating and malpractice in competitive examinations. Authorities have been closely monitoring digital platforms and messaging services after reports that exam-related content was being circulated through online channels.

The debate has sparked discussions about how governments and technology platforms should balance examination security with access to digital communication services. While officials maintain that strong measures are necessary to protect the fairness of high-stakes examinations, critics argue that restrictions on entire platforms may not effectively stop determined offenders.

For now, Telegram remains at the centre of the discussion as authorities continue efforts to ensure a fair and secure conduct of the NEET-UG 2026 re-examination.

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Telegram restricted ahead of NEET-UG re-exam, NTA backs move to curb exam fraud

NTA has welcomed the Centre’s decision to temporarily restrict Telegram ahead of the NEET-UG 2026 re-examination, citing the need to prevent fraud and misinformation.

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NEET

The Centre has imposed temporary restrictions on messaging platform Telegram ahead of the NEET-UG 2026 re-examination, with the National Testing Agency (NTA) welcoming the decision as part of efforts to prevent exam-related fraud and misinformation.

The temporary curbs will remain in place until June 22, a day after the NEET-UG re-exam scheduled for June 21. Authorities said the action was taken following concerns that the platform was being misused by cheating networks and individuals circulating misleading claims related to the examination.

NTA says move aimed at protecting exam integrity

According to the NTA, the restrictions are intended to safeguard candidates from fraudulent activities and false information that could affect the fairness of the examination process. The agency stated that maintaining the integrity of the re-examination remains a priority as lakhs of students prepare to appear for the test.

The NEET-UG re-exam is being conducted after the original examination was cancelled amid allegations of question paper leaks and irregularities. Since then, authorities have been monitoring online platforms for suspicious activity and misleading content targeting candidates.

Restrictions linked to concerns over fake paper leak claims

In recent weeks, several reports surfaced about Telegram channels allegedly offering access to leaked examination papers. The NTA had repeatedly advised students not to trust such claims and referred suspicious links and posts for verification by cybercrime authorities. No official confirmation of any genuine leaked re-exam paper had been issued.

Authorities believe the temporary restrictions will help limit the spread of fake content and reduce opportunities for organised exam fraud in the days leading up to the re-test.

Wider efforts to secure the re-examination

The government and examination authorities have introduced several measures ahead of the re-exam, including monitoring social media platforms and creating channels for reporting suspicious claims related to NEET-UG 2026. The NTA has also urged candidates to rely only on official communications for updates regarding the examination.

With the re-examination approaching, officials say the latest action is part of a broader effort to ensure a fair and transparent process for all candidates.

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Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

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Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

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