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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

Election Commission responds after Kejriwal questions BJP’s involvement in home voting process

Upon approval, a polling team, comprising election officials and security personnel, will visit the voter’s residence prior to election day to facilitate the voting process.

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The Election Commission of India (ECI) issued a detailed clarification regarding the home voting facility for the upcoming Delhi Assembly elections scheduled for February 5, 2025. This initiative, designed to enhance accessibility for senior citizens (over 85 years old) and persons with disabilities (PwD), requires eligible voters to submit Form 12D to apply.

Upon approval, a polling team, comprising election officials and security personnel, will visit the voter’s residence prior to election day to facilitate the voting process.

Crucially, the ECI clarified that candidates or their authorized representatives will be permitted to accompany the polling team during these home visits. This provision addresses concerns raised by Aam Aadmi Party (AAP) leader Arvind Kejriwal, who had previously highlighted a video showing BJP representatives present during a home voting event.

While the ECI statement did not directly mention Kejriwal or any specific political party, the inclusion of candidate representatives aims to ensure transparency and alleviate concerns about potential irregularities. The commission’s statement emphasizes that the presence of representatives is permissible to uphold fairness and prevent any accusations of undue influence.

The ECI has received a significant number of applications for this facility: 6,447 from senior citizens and 1,058 from PwD voters. To date, 1,271 senior citizens and 120 PwD voters have already cast their ballots through this home voting system. The process itself involves the polling team providing the voter with a ballot paper, overseeing the casting of the vote, and ensuring strict adherence to ECI guidelines regarding confidentiality. To maintain transparency and accountability, the entire process is recorded on video.

The ECI unequivocally stated that participation in the home voting option is entirely voluntary. Voters choosing this method will not be allowed to cast their vote at a regular polling station on election day.

The commission reiterated its commitment to conducting free and fair elections and underscored the importance of this initiative in promoting inclusive participation in the democratic process. Voters facing any difficulties are urged to contact their local Returning Officer (RO) or district Election Officer (DEO), or utilize the central helpline at 1950.

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India News

76th Republic Day: US sends warm wishes to India, says defining relationship of the 21st century

The meeting with his Quad counterparts—External Affairs Minister S Jaishankar of India, Takeshi Iwaya of Japan, and Penny Wong of Australia—focused on enhancing economic opportunities and ensuring peace and security in the Indo-Pacific. It served as a practical demonstration of the commitment to the strategic vision articulated in his Republic Day statement.

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The United States marked India’s 76th Republic Day with effusive praise, highlighting the enduring strength of the world’s largest democracy and the burgeoning partnership between the two nations. Secretary of State Marco Rubio, in a statement released on the occasion, extended warm congratulations to the people of India, emphasizing the significance of the Indian Constitution as the bedrock of this vibrant democracy. He went beyond simple well-wishes, however, painting a picture of a rapidly strengthening bilateral relationship destined for even greater heights.

Rubio’s statement explicitly described the US-India partnership as “the defining relationship of the 21st century,” a bold assertion reflecting the growing strategic alignment and mutual economic interests between the two nations. This statement was not merely ceremonial; it underscored the deepening cooperation across various sectors, from space research to joint efforts within the Quadrilateral Security Dialogue (Quad).

The Quad, comprising the US, India, Japan, and Australia, received significant attention in Rubio’s remarks. He emphasized the alliance’s crucial role in promoting a “free, open, and prosperous” Indo-Pacific region, a clear signal of the shared commitment to counterbalancing China’s influence in the region.

This emphasis was reinforced by Rubio’s actions earlier in the week, hosting a crucial meeting of Quad foreign ministers at the US Department of State. This meeting, his first official engagement as Secretary of State, underscored the immediate priority given to strengthening the Quad alliance and its collaborative efforts.

The meeting with his Quad counterparts—External Affairs Minister S Jaishankar of India, Takeshi Iwaya of Japan, and Penny Wong of Australia—focused on enhancing economic opportunities and ensuring peace and security in the Indo-Pacific. It served as a practical demonstration of the commitment to the strategic vision articulated in his Republic Day statement.

Furthermore, Secretary Rubio’s bilateral meeting with External Affairs Minister Jaishankar in Washington D.C. further cemented the strengthening ties between the two countries. The discussions covered a broad range of topics, including regional issues and avenues for further deepening the US-India relationship.

A notable point of discussion, as highlighted in an official press release, included a shared commitment to addressing concerns related to irregular migration, an area of mutual interest requiring collaborative solutions. This commitment, alongside the focus on economic ties, demonstrated the multifaceted nature of the burgeoning partnership, extending beyond strategic security concerns.

India’s own Republic Day celebrations showcased the nation’s unique blend of cultural diversity, unity, and military strength. The grand parade on Kartavya Path served as a vivid display of national pride and the successful integration of diverse elements into a cohesive and powerful nation. The presence of Indonesian President Prabowo Subianto as the Chief Guest further underscored India’s growing global influence and its capacity to foster strong relationships with key international partners.

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Ratan Tata featured in Jharkhand’s Republic Day tableau, pic surfaces

By celebrating both its industrial achievements and its vibrant cultural traditions, the tableau offered a nuanced and multifaceted portrayal of Jharkhand, highlighting its progress while deeply respecting its heritage.

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Jharkhand’s Republic Day tableau, a vibrant spectacle of colour and movement, presented a compelling narrative of the state’s journey from its rich heritage to its remarkable progress. The tableau, aptly titled “Swarnim Jharkhand: A Tradition of Heritage and Progress,” served as a powerful visual testament to the state’s multifaceted identity. Central to this narrative was the pivotal role played by the late industrialist, Ratan Tata, whose visionary leadership laid the groundwork for much of Jharkhand’s subsequent development.

The tableau’s design was meticulously crafted to showcase this multifaceted narrative. At its heart was Jamshedpur, India’s first planned industrial city, a legacy of Tata’s pioneering efforts. This iconic city, depicted in vivid detail, served as a powerful symbol of industrial growth and modernization. However, the tableau astutely avoided portraying a solely industrial narrative. It carefully integrated elements celebrating Jharkhand’s cultural richness and its commitment to social progress.

A striking image of two young girls engaged with laptop computers underscored Jharkhand’s significant strides in education. This symbolized the state’s dedication to expanding educational access, particularly for tribal children in both urban and rural areas, representing a crucial investment in the future.

The tableau cleverly juxtaposed this modern image with vibrant representations of traditional art forms. Sohrai and Khobar paintings, meticulously crafted by tribal artists, were displayed prominently, showcasing the enduring legacy of Jharkhand’s artistic heritage. Adding to the spectacle, performers enacted the energetic Chhau dance of Seraikela, a captivating dance form deeply rooted in the state’s cultural identity.

The tableau also subtly highlighted the contributions of women in Jharkhand’s economic landscape, acknowledging their significant role in generating employment and driving economic growth. This balanced depiction of industrial progress and cultural preservation made the tableau a truly comprehensive representation of Jharkhand’s identity.

By celebrating both its industrial achievements and its vibrant cultural traditions, the tableau offered a nuanced and multifaceted portrayal of Jharkhand, highlighting its progress while deeply respecting its heritage.

The inclusion of the Jaduguda uranium plant subtly acknowledged the state’s contribution to India’s nuclear energy program. In essence, the tableau was a powerful and memorable celebration of Jharkhand’s journey, skillfully weaving together its past, present, and future.

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