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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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Thick smog engulfs Delhi, flights and trains delayed as air quality slips to very poor

Delhi remained under a thick smog cover as air quality dipped into the very poor category, causing delays in flights and train services due to low visibility.

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A dense blanket of smog covered Delhi on Saturday morning, pushing air quality into the ‘very poor’ category and disrupting flight and train operations across the national capital and adjoining areas. Reduced visibility due to smog led to delays in air and rail traffic, while authorities warned that pollution levels could worsen further in the coming days.

The Air Quality Index (AQI) in Delhi was recorded at 380, placing it in the ‘very poor’ bracket. Visuals from Bhairav Marg near Pragati Maidan showed motorists using headlights during early hours, as visibility remained low. At around 7 am, the AQI at this location stood at 433.

Nearly half of Delhi’s air quality monitoring stations reported ‘severe’ pollution levels. Anand Vihar recorded an AQI of 428 with PM2.5 as the dominant pollutant, while Jahangirpuri reported an AQI of 425.

Transport services hit by low visibility

Flight operations at Delhi airport were impacted due to low visibility conditions. The airport issued an advisory asking passengers to check with their respective airlines for updated flight information, as low visibility procedures were in place. Runway visibility was reported to be between 800 and 1,200 metres.

Live flight tracking data showed multiple flights running behind schedule. One airline also warned passengers about possible disruptions at several airports in northern and eastern India, including Delhi, due to dense fog conditions. Travellers were advised to verify flight status before heading to the airport, with options offered on select flights to reschedule or seek refunds without additional charges.

Rail services were also affected, with more than 30 trains running late by an average of three to four hours. Some long-distance trains reported delays of over six to eight hours, causing inconvenience to passengers travelling to and from the capital.

Air quality likely to worsen

The weather department had earlier forecast dense to very dense fog at isolated places over Delhi and several parts of north and central India. According to the Air Quality Early Warning System for Delhi, pollution levels are expected to remain in the ‘very poor’ category on Saturday and may slip into the ‘severe’ category on Sunday and Monday. In view of the deteriorating conditions, an ‘orange’ alert has been issued for Saturday.

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PM Modi inaugurates India’s first nature-themed airport terminal in Assam

Prime Minister Narendra Modi inaugurates the new nature-themed terminal at Guwahati airport, the largest in Northeast India, built around bamboo, orchids and regional heritage.

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Prime Minister Narendra Modi is set to inaugurate the new terminal building of Lokapriya Gopinath Bordoloi International (LGBI) Airport in Guwahati today, marking a major milestone for aviation infrastructure in the Northeast. Built at an estimated cost of around Rs 4,000 crore, the facility is being projected as the largest airport terminal in the region and a key boost to connectivity, tourism and economic activity in Assam.

The Prime Minister is scheduled to arrive in Guwahati around 3 pm as part of his two-day visit to the state.

Northeast’s largest airport terminal takes shape in Guwahati

The newly constructed terminal is nearly seven times larger than the existing one and has been designed to cater to the region’s rapidly growing air traffic. Once fully operational, it is expected to handle up to 13.1 million passengers annually by 2032.

Officials said the terminal is planned as a regional connectivity hub, with a focus on strengthening air links between India and Southeast Asia. The airport will be capable of handling up to 34 air traffic movements per hour, the highest capacity among airports in the Northeast. The facility will also be equipped with one of the most advanced Instrument Landing Systems to support safer and more efficient operations.

Nature-inspired design rooted in Assam’s identity

What sets the Guwahati terminal apart is its distinctive nature-themed architecture. Conceptualised under the theme “Bamboo Orchids”, it is being described as India’s first airport terminal inspired entirely by natural and cultural elements.

The interiors draw from the landscapes of Northeast India, with design elements reflecting indigenous orchids, locally known as Kopou Phool, and the flow of the Brahmaputra river. The terminal incorporates more than 2,000 species of plants, includes a dedicated zone inspired by Kaziranga National Park, and features artefacts representing Majuli Island.

A key architectural highlight is the expansive bamboo vault, created using around 140 metric tonnes of locally sourced bamboo. The space has been envisioned as a multifunctional cultural centre aimed at encouraging community interaction and showcasing the region’s heritage. Design elements such as japi motifs, the iconic rhino symbol and 57 orchid-inspired columns further reinforce the cultural narrative.

Arriving passengers will also experience a unique “Sky Forest”, featuring nearly one lakh plants of indigenous species, designed to create an immersive forest-like ambience within the terminal.

Focus on digital integration and passenger convenience

Spread over nearly 1.4 lakh square metres, the integrated new terminal has been designed to handle around 1.3 crore passengers annually. It is supported by significant upgrades to the runway, airfield systems, aprons and taxiways.

The terminal places strong emphasis on digital integration, with 14 entry points, including four DigiYatra gates, aimed at easing passenger movement. Facilities such as full-body scanners for non-intrusive security checks, automated baggage handling systems, fast-track immigration and AI-driven airport operations have been incorporated to ensure smoother travel experiences.

Other engagements during PM Modi’s Assam visit

During his two-day stay, the Prime Minister will also lay foundation stones for multiple development projects and address public gatherings. He is scheduled to visit the Swahid Smarak Kshetra to pay tribute to the martyrs of the historic Assam Movement.

Later in the day, PM Modi will perform the bhoomipujan for a new brownfield Ammonia-Urea Fertiliser Project at Namrup in Dibrugarh district, within the existing premises of the Brahmaputra Valley Fertiliser Corporation Limited.

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Assam train accident: Eight elephants killed after Rajdhani Express derailment in Hojai

Eight elephants were killed after the Rajdhani Express collided with a herd in Assam’s Hojai district, causing multiple coaches to derail and disrupting train services.

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At least eight elephants were killed and a calf was injured after a herd collided with the Sairang–New Delhi Rajdhani Express in Assam’s Hojai district, leading to the derailment of the locomotive and five coaches early Saturday. Railway officials confirmed that no passengers were injured in the incident.

Forest department officials said the collision occurred when the New Delhi-bound Rajdhani Express struck a herd of elephants on the tracks. The impact caused multiple coaches to derail, disrupting rail traffic on the busy route connecting the Northeast with the national capital.

Train services hit, passengers shifted to other coaches

Following the derailment, rail movement towards Upper Assam and other parts of the Northeast was affected due to damaged coaches and elephant remains scattered on the tracks. Accident relief trains and senior railway officials rushed to the site to restore services.

Passengers travelling in the affected coaches were temporarily accommodated in vacant berths in other coaches of the same train. Officials said that once the train reaches Guwahati, additional coaches will be attached to ensure all passengers can continue their journey.

Collision occurred outside designated elephant corridor

According to officials, the accident took place at a location that is not marked as a designated elephant corridor. The loco pilot reportedly applied emergency brakes after spotting the herd on the tracks, but the elephants ran into the train, resulting in the collision and derailment.

Forest authorities confirmed that eight elephants died on the spot, while one injured calf was rescued. Local residents said the herd consisted of around eight elephants at the time of the accident.

Elephant deaths in train accidents remain a concern

The incident comes amid continued concerns over wildlife deaths on railway tracks. Data shared by the Environment Ministry in Parliament earlier showed that at least 79 elephants have died in train collisions across India over the past five years, based on reports from states and Union Territories.

The ministry has said that several preventive steps are being taken in coordination with the Railways, including speed restrictions in elephant habitats, use of sensor-based detection systems, and construction of underpasses, ramps and fencing at vulnerable locations. Guidelines and capacity-building programmes have also been introduced to reduce human-animal conflict along railway lines.

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