SC says sex with minor wife is rape.

Sex with minor wife considered as rape is absolutely right verdict but the point is getting married to a minor girl is in itself a crime. The man who gets married to a minor girl and the family members of the girl should land into jail first. Unless and until the practice of child marriage is stopped, minor girls cannot be stopped from being raped. Supreme Court must stress to ban the ill practice first and surely then there will be no minor wife. Eventually, sex between them won't be considered as rape. 

This is a very good decision by the Supreme court bt as mentioned by Shampa, stress should be  made to ban the marriage with minors in the first place. However its easier said than done as its is related with other social practices. When I was staying in Rajasthan, I came across many young girls sometimes as young as 8 years of age already married and staying at parental house. They ll be sent to live with their husbands when they attend puberty. When asked the reason for early marriage, everywhere its because of dowry. It seem less dowry is given for girls married in childhood.

This decision was long overdue. As usual, the SC took 70 years to take cognization of this issue. it needs to be more pro-active

As usual it will be broken with impunity by sects who practice it for what they consider valid reasons.

vijay wrote:

As usual it will be broken with impunity by sects who practice it for what they consider valid reasons.

Every law is abused by wrongdoers. But at least there is a bold decision and it is much awaited one. Law is being made against a social ill practice and that is a welcome step

jabeen wrote:

This is a very good decision by the Supreme court bt as mentioned by Shampa, stress should be  made to ban the marriage with minors in the first place. However its easier said than done as its is related with other social practices. When I was staying in Rajasthan, I came across many young girls sometimes as young as 8 years of age already married and staying at parental house. They ll be sent to live with their husbands when they attend puberty. When asked the reason for early marriage, everywhere its because of dowry. It seem less dowry is given for girls married in childhood.

I remember a distant relative of mine, my grandfather's elder cousin was married in pre independent era at the age of 7. She couldn't go to her in laws house after puberty because she lost her husband at young age of 9 and remained like a widow till 89. I remember her  wearing sari without a blouse and eating once in a day and that too separately. Life would have been a punishment. These practices are real crimes.

Arunima Singh wrote:

jabeen wrote:

This is a very good decision by the Supreme court bt as mentioned by Shampa, stress should be  made to ban the marriage with minors in the first place. However its easier said than done as its is related with other social practices. When I was staying in Rajasthan, I came across many young girls sometimes as young as 8 years of age already married and staying at parental house. They ll be sent to live with their husbands when they attend puberty. When asked the reason for early marriage, everywhere its because of dowry. It seem less dowry is given for girls married in childhood.

I remember a distant relative of mine, my grandfather's elder cousin was married in pre independent era at the age of 7. She couldn't go to her in laws house after puberty because she lost her husband at young age of 9 and remained like a widow till 89. I remember her  wearing sari without a blouse and eating once in a day and that too separately. Life would have been a punishment. These practices are real crimes.

Basically economics plays a major role in child marriage too combined with illiteracy and a blind belief in customs and traditions many of which need to be weeded out of the society.

Arunima Singh wrote:

jabeen wrote:

This is a very good decision by the Supreme court bt as mentioned by Shampa, stress should be  made to ban the marriage with minors in the first place. However its easier said than done as its is related with other social practices. When I was staying in Rajasthan, I came across many young girls sometimes as young as 8 years of age already married and staying at parental house. They ll be sent to live with their husbands when they attend puberty. When asked the reason for early marriage, everywhere its because of dowry. It seem less dowry is given for girls married in childhood.

I remember a distant relative of mine, my grandfather's elder cousin was married in pre independent era at the age of 7. She couldn't go to her in laws house after puberty because she lost her husband at young age of 9 and remained like a widow till 89. I remember her  wearing sari without a blouse and eating once in a day and that too separately. Life would have been a punishment. These practices are real crimes.

Dowry is another ill practice which is banned in paper only. I want to ask, what did the various governments do to curb this practice from the root? We all know it is banned but it is practised quite openly. So, one ill practice gives birth to another wrongdoing. Once there was the custom of Sati but now it is not in practice. Such incidents do occur but sporadically. Thus, there is no reason to weigh marriage of minor girl in terms of dowry. Both are wrong and should be stopped in a strict fashion. Actually, the adminstration is least bothered to eradicate all the wrongdoings and so such customs are still so rampant in our country. 

Shampa Sadhya wrote:

Arunima Singh wrote:

jabeen wrote:

This is a very good decision by the Supreme court bt as mentioned by Shampa, stress should be  made to ban the marriage with minors in the first place. However its easier said than done as its is related with other social practices. When I was staying in Rajasthan, I came across many young girls sometimes as young as 8 years of age already married and staying at parental house. They ll be sent to live with their husbands when they attend puberty. When asked the reason for early marriage, everywhere its because of dowry. It seem less dowry is given for girls married in childhood.

I remember a distant relative of mine, my grandfather's elder cousin was married in pre independent era at the age of 7. She couldn't go to her in laws house after puberty because she lost her husband at young age of 9 and remained like a widow till 89. I remember her  wearing sari without a blouse and eating once in a day and that too separately. Life would have been a punishment. These practices are real crimes.

Dowry is another ill practice which is banned in paper only. I want to ask, what did the various governments do to curb this practice from the root? We all know it is banned but it is practised quite openly. So, one ill practice gives birth to another wrongdoing. Once there was the custom of Sati but now it is not in practice. Such incidents do occur but sporadically. Thus, there is no reason to weigh marriage of minor girl in terms of dowry. Both are wrong and should be stopped in a strict fashion. Actually, the adminstration is least bothered to eradicate all the wrongdoings and so such customs are still so rampant in our country. 

It would be very harsh to say that the administration is least bothered to eradicated the wrong social customs. My understanding is that even though the government take measures to remove the evil social practices like child marriage, dowry , untouchability etc it is still practised because the victims or the one who is being wronged doesn't exactly protest about it. Do you know untouchability is still practiced in many forms even though its banned? In Rajasthan I had observed that those who belong to the lower castes are also invited in the marriage of the higher castes people. But unlike the higher caste invitees, invitees from lower caste are expected to clean the plates they used for eating themselves. Likewise in some eatery, I noticed higher caste people being served in different plates while those from lower caste would be served in different set of plates. The lower caste people are aware of it but accept the difference saying that since all of them have to live together, so better not protest and live with ill feelings. 

jabeen wrote:

Shampa Sadhya wrote:

Arunima Singh wrote:

jabeen wrote:

This is a very good decision by the Supreme court bt as mentioned by Shampa, stress should be  made to ban the marriage with minors in the first place. However its easier said than done as its is related with other social practices. When I was staying in Rajasthan, I came across many young girls sometimes as young as 8 years of age already married and staying at parental house. They ll be sent to live with their husbands when they attend puberty. When asked the reason for early marriage, everywhere its because of dowry. It seem less dowry is given for girls married in childhood.

I remember a distant relative of mine, my grandfather's elder cousin was married in pre independent era at the age of 7. She couldn't go to her in laws house after puberty because she lost her husband at young age of 9 and remained like a widow till 89. I remember her  wearing sari without a blouse and eating once in a day and that too separately. Life would have been a punishment. These practices are real crimes.

Dowry is another ill practice which is banned in paper only. I want to ask, what did the various governments do to curb this practice from the root? We all know it is banned but it is practised quite openly. So, one ill practice gives birth to another wrongdoing. Once there was the custom of Sati but now it is not in practice. Such incidents do occur but sporadically. Thus, there is no reason to weigh marriage of minor girl in terms of dowry. Both are wrong and should be stopped in a strict fashion. Actually, the adminstration is least bothered to eradicate all the wrongdoings and so such customs are still so rampant in our country. 

It would be very harsh to say that the administration is least bothered to eradicated the wrong social customs. My understanding is that even though the government take measures to remove the evil social practices like child marriage, dowry , untouchability etc it is still practised because the victims or the one who is being wronged doesn't exactly protest about it. Do you know untouchability is still practiced in many forms even though its banned? In Rajasthan I had observed that those who belong to the lower castes are also invited in the marriage of the higher castes people. But unlike the higher caste invitees, invitees from lower caste are expected to clean the plates they used for eating themselves. Likewise in some eatery, I noticed higher caste people being served in different plates while those from lower caste would be served in different set of plates. The lower caste people are aware of it but accept the difference saying that since all of them have to live together, so better not protest and live with ill feelings. 

Absolutely so , a government can bring in laws but cannot keep watch over all it's citizens. The caste and gender differences have been dinned nto people's minds for generations , so much so that they would rather not oppose it but be happy when small mercies are thrown at them. In our place there is a small community called Koragas who belong to scheduled tribe as classified by the government. They are never touched and even if we make an attempt to normalise things they draw back. We have two students from this Community studying in my school. They are made to sit on the floor by the door . I have tried to bring them in but the other students refuse to have anything to do with them. So how does one change the mindset ?

In order to create awareness the services of respected preachers like Moraribapu should be taken as people tend to accept their advice. 

Marriage with minor is unlawful by itself.  If this is taken to logical conclusion, sex with such wife will be considered extra marital as well.  The husband can be punished for said rape only if wife complains. It can be well imagined how she can complain against such rape when she could not even resist marriage. 

Gulshan Kumar Ajmani wrote:

Marriage with minor is unlawful by itself.  If this is taken to logical conclusion, sex with such wife will be considered extra marital as well.  The husband can be punished for said rape only if wife complains. It can be well imagined how she can complain against such rape when she could not even resist marriage. 

So there we come to conclusion that societal mindset change over period of time through education and empowerment is the only way to fight any malpractices, law can be successful only if victims know that it is there

Sex without the permission of the wife who is major is also rape and crime which means sex with minor wife is also rape. One of good decision by supreme court.Punishments which make good society. Child marriages are not completely vanished. Sexual harassment is not only for girls without gender and age it is going on. By good laws and punishments and counselling we made good nation. 

Though sex with anyone without permission is an offense, we still have a long way to go for any law against marital rape. Seeing the social and cultural thread of our country, it seems to be a far dream. Moreover there are chances of misuse and threat to the basic societal structure of marriage. Anyway, for any reform societal mindset change is more important than any law

The way I see it, Marriage is a personal matter and it concerns two people. No doubt that cases of domestic violence are now being filed regularly , sometimes for very trivial reasons. Rape within marriage is very difficult to arrive at because there may be times when one of the partners would be unwilling for some reason or the other but may give in because he or she may not want to make the other person unhappy. Personally , I feel that unless there is violence involved , merely framing a case of rape because someone did not permit may not help the institution of marriage and family because of the implications ,it might have.