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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

GRAP stage-III measures enforced across Delhi as air quality worsens

Delhi’s air quality has deteriorated further, prompting authorities to enforce GRAP stage-III measures across the NCR amid rising AQI levels.

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Delhi’s air quality has continued to deteriorate, prompting authorities to enforce Stage-III measures under the Graded Response Action Plan (GRAP) across the National Capital Region with immediate effect.

The Commission for Air Quality Management (CAQM) said the Air Quality Index (AQI) of the national capital showed a worsening trend over the past 24 hours. The AQI stood at 343 on January 15 at 4 pm and rose further to 354 by 4 pm on Thursday, raising concerns that pollution levels could soon enter the ‘Severe’ category.

Weather agencies have forecast unfavourable atmospheric conditions in the coming days, including low wind speeds, a stable atmosphere and poor dispersion of pollutants. Officials said these conditions could push Delhi’s average AQI beyond 400, which falls under the ‘Severe’ air quality bracket.

Stage-III restrictions come into force across NCR

In view of the rising pollution levels and the forecast of further deterioration, the CAQM sub-committee on GRAP decided to invoke all measures under Stage-III. These measures correspond to ‘Severe’ air quality levels and have been implemented as a precautionary step to prevent further decline.

The Stage-III actions will be enforced in addition to the restrictions already in place under Stages I and II of GRAP, which remain operational across the NCR. Officials said the combined measures aim to tighten controls on pollution sources, enhance monitoring and ensure stricter enforcement to curb emissions.

CAQM has directed pollution control boards and concerned agencies in the NCR to intensify preventive and regulatory steps. Authorities have been asked to ensure strict compliance with GRAP norms and take prompt action against violations.

Officials said air quality levels will be closely monitored, and further decisions will be taken based on real-time data and evolving weather conditions. Citizens have been urged to cooperate with advisories and follow measures aimed at reducing pollution levels.

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PM Modi to visit Bengal and Assam, launch Vande Bharat sleeper train and key projects

PM Modi will visit West Bengal and Assam on January 17 and 18 to launch India’s first Vande Bharat sleeper train and inaugurate major infrastructure projects.

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Prime Minister Narendra Modi will visit West Bengal and Assam on January 17 and 18, where he will flag off India’s first Vande Bharat sleeper train and inaugurate, dedicate and lay the foundation stone for a series of infrastructure and development projects across the two poll-bound states.

Vande Bharat sleeper train to be flagged off from Malda

On Saturday, the prime minister will visit Malda in West Bengal around 12.45 pm and flag off the country’s first Vande Bharat sleeper train connecting Howrah with Guwahati (Kamakhya) from the Malda town railway station.

Later in the day, around 1.45 pm, he will address a public programme in Malda where he will dedicate to the nation and lay the foundation stone of multiple rail and road projects worth more than Rs 3,250 crore.

Development projects in Hooghly district

On January 18, around 3 pm, the prime minister will visit Singur in Hooghly district, where he will inaugurate, lay the foundation stone and flag off various development projects worth around Rs 830 crore.

During the visit, Modi will also virtually flag off four new Amrit Bharat Express trains connecting New Jalpaiguri with Nagercoil and Tiruchirappalli, and Alipurduar with Bengaluru and Mumbai (Panvel). These services are aimed at improving affordable long-distance rail connectivity and strengthening inter-state economic and social linkages.

New train services and highway projects in north Bengal

The prime minister will flag off two new train services with LHB coaches — Radhikapur–SMVT Bengaluru Express and Balurghat–SMVT Bengaluru Express — providing direct connectivity from north Bengal to major IT and employment hubs.

He will also lay the foundation stone for the rehabilitation and four-laning of the Dhupguri–Falakata section of National Highway-31D, a project expected to significantly improve road connectivity and the movement of goods and passengers in the region.

Additionally, Modi will lay the foundation stone of four major railway projects in West Bengal, including a new rail line between Balurghat and Hili, next-generation freight maintenance facilities at New Jalpaiguri, upgradation of the Siliguri loco shed and modernisation of Vande Bharat train maintenance facilities in Jalpaiguri district.

He will also dedicate the electrification of the New Coochbehar–Bamanhat and New Coochbehar–Boxirhat rail sections, enabling cleaner and more energy-efficient train operations.

Cultural programme and Kaziranga corridor in Assam

On January 17, around 6 pm, the prime minister will attend the Bodo cultural programme “Bagurumba Dwhou 2026” at Sarusajai Stadium in Guwahati. More than 10,000 artists from across Assam are expected to perform the traditional Bagurumba dance in a single synchronised presentation.

On January 18, around 11 am, Modi will perform the bhoomi pujan for the Kaziranga elevated corridor project, valued at over Rs 6,950 crore, at Kaliabor in Nagaon district. The 86-km project includes a 35-km elevated wildlife corridor passing through Kaziranga National Park, along with bypasses and highway widening works aimed at improving connectivity while protecting biodiversity.

During the Assam programme, the prime minister will also flag off two new Amrit Bharat Express trains — Guwahati (Kamakhya)–Rohtak and Dibrugarh–Lucknow (Gomti Nagar) — strengthening rail connectivity between the northeast and northern India.

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NDA’s track record strikes chord as PM Modi hails Maharashtra civic polls win

Prime Minister Narendra Modi hailed Maharashtra voters after the BJP-led NDA registered a historic victory in the BMC elections, ending decades of Shiv Sena dominance.

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Prime Minister Narendra Modi on Friday thanked the people of Maharashtra after the BJP-led National Democratic Alliance registered a landmark victory in the Brihanmumbai Municipal Corporation elections, marking the first time the party has emerged on top in the country’s richest civic body.

In a post on X, the prime minister said the people of the state had endorsed the NDA’s agenda of governance and development. He said the results of municipal corporation elections across Maharashtra showed that the alliance’s bond with voters had further strengthened.

According to PM Modi, the NDA’s track record and vision for development had “struck a chord” with the electorate. He described the verdict as a mandate to accelerate progress while celebrating Maharashtra’s cultural legacy.

BJP-Shiv Sena alliance dominates BMC

As counting continued, trends showed the BJP leading in 90 of the 227 wards in Mumbai, while the Eknath Shinde-led Shiv Sena was ahead in 28 wards. The Ajit Pawar-led NCP faction, which contested separately, was leading in only three wards.

On the opposition side, the Shiv Sena (UBT) and Maharashtra Navnirman Sena were ahead in 57 and nine wards respectively. The Congress, which contested in alliance with the Vanchit Bahujan Aghadi, was leading in 15 wards, while others were ahead in eight.

The outcome effectively ends the Shiv Sena (UBT)’s decades-long control over the Brihanmumbai Municipal Corporation, which had been the party’s main power centre since its formation.

In the seat distribution, the BJP contested 137 wards and the Shinde-led Shiv Sena 90. The Ajit Pawar faction of the NCP fielded candidates in 94 wards. On the opposition side, Shiv Sena (UBT) contested 163 seats, the MNS 52, the Congress 143, and the Vanchit Bahujan Aghadi 46.

Urban verdict weakens Pawar influence

The results in Pune and Pimpri-Chinchwad also sent a strong political message, indicating that the Pawar brand no longer guarantees success in key urban centres. Despite tactical coordination between the two NCP factions led by Sharad Pawar and Ajit Pawar, voters did not consolidate behind them.

In the Pune Municipal Corporation, the BJP emerged with a clear upper hand, either winning or leading in a significant number of wards. The NCP factions failed to convert their traditional influence into broader citywide support.

Thackeray retains Marathi Manoos connect but loses power base

Uddhav Thackeray appears to have retained a section of the Marathi Manoos vote in Mumbai, even as the Shinde-led Shiv Sena made inroads. While the Shiv Sena (UBT) managed a respectable showing in its traditional strongholds, the loss of control over the BMC is seen as a major setback.

Control of the civic body had long been central to the party’s political identity and a key factor in its alliances.

Devendra Fadnavis emerges as key strategist

Much of the credit for the BJP’s sweeping civic success is being attributed to Devendra Fadnavis. Under his leadership, the Mahayuti alliance has carried forward its assembly election momentum into municipal politics.

The results are being seen as reinforcing Fadnavis’s political standing, demonstrating that even combined opposition forces could not halt the BJP’s rise. The verdict has also challenged the long-held claim of the Thackeray family over Marathi votes in Mumbai.

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