English हिन्दी
Connect with us

India News

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

Published

on

[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

[/vc_column_text][/vc_column][/vc_row]

India News

Case registered against Mamata Banerjee over controversial 2025 religion remark

A formal police case has been registered against Trinamool Congress supremo Mamata Banerjee in Siliguri, West Bengal. The complaint alleges that her 2025 “Ganda Dharm” remark targeted Hinduism and hurt the religious sentiments of the community.

Published

on

Mamata Banerjee

A formal police complaint has been lodged against Trinamool Congress (TMC) chief Mamata Banerjee in West Bengal’s Siliguri. The legal action stems from an alleged derogatory remark regarding Hinduism made during an Eid congregation in Kolkata in 2025.

The case was registered following a complaint filed by a local lawyer, Rinki Chatterjee, who alleged that the former Chief Minister’s comments deeply hurt the religious sentiments of Hindus globally.

Legal charges and complaint details

The police have invoked multiple sections under the Bharatiya Nyaya Sanhita (BNS) against Banerjee, including Section 351(1) for criminal intimidation, Section 352 for intentional insult with intent to provoke breach of peace, and Section 353 for promoting feelings of enmity, hatred, or ill will between different communities.

According to the complaint, the controversy traces back to an Eid event organized on Kolkata’s iconic Red Road in 2025. While delivering a speech targeting the Bharatiya Janata Party (BJP), Banerjee purportedly referred to the version of Hinduism championed by the political rival as “Ganda Dharm” (filthy religion).

Chatterjee stated in her complaint that labeling Sanatan Dharma in such a manner at a religious gathering was “absolutely unacceptable”. The complainant also pointed to other instances where senior TMC leaders allegedly targeted Hinduism, adding that Banerjee made indirect threats to the Hindu community during the 2026 West Bengal Assembly election campaign to influence voters through intimidation.

Political responses to the FIR

The reported statements had previously drawn sharp criticism from the state BJP leadership last year, including strong objections from current Chief Minister Suvendu Adhikari. However, this FIR represents the first formal legal action taken regarding the speech.

When approached for a response, Atri Sharma, a lawyer and general secretary of the TMC’s Darjeeling unit, declined to comment officially as a party spokesperson. However, he noted that many within the party internal circles found the remarks inappropriate at the time they were spoken. Sharma acknowledged that holding a high public office required restraint and affirmed that every individual holds the moral right to pursue legal remedies.

Continue Reading

India News

Enforcement Directorate raids former Kerala Chief Minister Pinarayi Vijayan’s residence in money laundering probe

The Enforcement Directorate on Wednesday carried out searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan and 11 other locations in connection with a money-laundering probe registered in 2024.

Published

on

The Enforcement Directorate on Wednesday conducted extensive searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan. The action comes as part of an ongoing money-laundering investigation, with the central probe agency executing simultaneous raids at 12 separate locations across the state under the Prevention of Money Laundering Act (PMLA).

Broad Crackdown in Financial Probe

The central agency’s operations focused significantly on Vijayan’s rented residence in the state capital, alongside eleven other locations, including premises in Kochi, Kozhikode, Kannur, and Bengaluru. This major enforcement action was initiated shortly after the Kerala High Court dismissed a petition on Tuesday, which had been filed by Cochin Minerals And Rutile Ltd (CMRL) seeking to quash the ongoing ED proceedings.

The roots of the financial investigation trace back to a PMLA case registered in 2024. The core allegation involves an estimated illegal payment of ₹1.72 crore made between 2017 and 2019 by a private entity, Cochin Minerals And Rutile Ltd (CMRL), to Exalogic Solutions, an IT firm owned by Vijayan’s daughter, T Veena.

According to investigators, the financial transactions took place despite the IT firm allegedly rendering no services to the private company. Apart from the financial probe agency’s scrutiny, the Serious Fraud Investigation Office (SFIO) is also independently conducting an inquiry into the wider financial transactions of the matter.

Political Developments

The searches also covered locations linked to other political and executive figures associated with the matter, including premises connected to senior CMRL executives. While the ruling party has previously described the investigations as politically motivated, the central agency has intensified its probe following the high court’s refusal to grant interim relief to the private firm. The case has sparked intense political debate, with opposition parties using the findings to allege financial irregularities, while local party leaders maintain that the transactions were part of a legitimate business arrangement.

Continue Reading

India News

IPL 2026 Qualifier 1: Rajat Patidar, Virat Kohli shatter playoff records as RCB crush GT to reach final

Defending champions Royal Challengers Bengaluru advanced to their second consecutive IPL final after a historic 92-run demolition of Gujarat Titans in Qualifier 1, powered by Rajat Patidar’s breathtaking 93*

Published

on

Defending champions Royal Challengers Bengaluru (RCB) created history in the Indian Premier League (IPL) 2026 Qualifier 1 against Gujarat Titans (GT), sealing their spot in a second consecutive final with a clinical 92-run victory on Tuesday.

Riding on captain Rajat Patidar’s blistering, unbeaten 93 off just 33 balls, Bengaluru piled up a colossal 254 for 5 in their 20 overs after being asked to bat first at the scenic Dharamsala stadium. The monumental total surpassed the previous playoff benchmark of 233 for 3, set by GT against Mumbai Indians in 2023, making it the highest-ever score in IPL playoff history. In response, a ruthless RCB bowling assault dismantled the Gujarat Titans batting line-up, bowling them out for 162 in 19.3 overs.

Patidar blitzkrieg anchors historic RCB innings

After GT skipper Shubman Gill won the toss and opted to field, RCB’s top order asserted early dominance by racing to 76 for 1 within the powerplay. Venkatesh Iyer provided a quickfire 19 off seven balls, while Devdutt Padikkal struck 30 off 19 deliveries to set a brisk tempo.

The foundation allowed Virat Kohli to maintain the middle-order momentum with a fluent 43 off 25 balls. With this knock, Kohli carved out another historic milestone, becoming the first player in IPL history to accumulate over 600 runs in four consecutive seasons. Jason Holder briefly checked RCB’s charge by removing both Kohli and Padikkal in the 10th over to leave them at 99 for 3.

However, skipper Rajat Patidar took complete control from there on. Surviving two dropped catches early on, Patidar launched a brutal counter-attack, smashing five fours and nine towering sixes at an astonishing strike rate of 281.81. He combined forces with Krunal Pandya, who played a crucial anchoring role with 43 off 28 balls, putting together a blistering 90-run partnership. Patidar turned particularly merciless in the death overs, hammering a massive over from Kulwant Khejroliya as RCB finished their death overs on an absolute high.

Gujarat Titans collapse under scoreboard pressure

Faced with a steep mountain to climb, the Gujarat Titans chase imploded right from the start, losing five wickets inside the powerplay against a lethal pace battery. Openers Sai Sudharsan and skipper Shubman Gill were dismissed in the third and fourth overs respectively.

Sudharsan, the tournament’s leading run-scorer, suffered a bizarre and unfortunate dismissal when his bat slipped during a cut shot, knocking back his own stumps to be out hit-wicket off Jacob Duffy. Gill followed shortly after, cleaned up by an excellent delivery from Bhuvneshwar Kumar.

Jos Buttler offered a brief, aggressive resistance by hitting four boundaries and two sixes in a quick 29, but Australian pacer Josh Hazlewood exacted quick revenge by clean-bowling him in the fifth over. From a precarious position, the Titans slipped further as Jacob Duffy tore through the middle order, dismissing Washington Sundar and Rashid Khan.

Rahul Tewatia was the lone warrior for the Titans, waging a solitary battle to smash a fighting 68. His aggressive hitting brought up the team’s hundred in the 13th over and dragged the side past the 150-mark. However, the target proved far too distant. Krunal Pandya claimed the final wicket in the final over, dismissing GT’s tailender Mohammed Siraj—who was caught by Tim David—to bundle out GT for 162, securing the second-largest victory margin in IPL playoff history for RCB.

While RCB marches straight into the grand finale with ultimate momentum, Gujarat Titans remain alive in the tournament. They will get another opportunity to reach the final when they play the winner of the Eliminator clash between Sunrisers Hyderabad and Rajasthan Royals in Qualifier 2.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com