Monday December 11, 2017
Home India Sex with mino...

Sex with minor wife not rape : SC prosecutes NCW on rape law exception

0
238
source: kolkata24x7.com

By NewsGram Staff Writer

New Delhi:  The Supreme Court prosecuted the National Commission for Women (NCW) on Friday in the hearing of a petition challenging the constitutional validity of a rape law exception that says sexual intercourse with a wife not less than 15 years of age is not rape.

The public interest litigation (PIL) challenged the exception in Section 375 of the Indian Penal Code which says: “Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.”

Section 375 spells out six circumstances under which a man can be accused of committing a rape that includes sex without the consent of the woman or by putting her under some kind of pressure or fear.

However, it carves out an exception in case of a minor wife not less than 15 years.

While impleading the NCW as a party to the petition, the apex court social justice bench of Justice Madan B Lokur and Justice Uday Umesh Lalit told petitioner NGO Independent Thought: “You may be right that the IPC will not override the statute.”

Moved by the NGO’s founding member Vikram Srivastava, the PIL contended that the exception was in conflict with the provisions of the Protection of Children from Sexual Offences (POCSO) Act.

Counsel for the PIL petitioner said the exception was also contrary to the Prohibition of Child Marriage Act.

five-year-girl

The PIL contended that the exception was a violation of Article 14 (equality before law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 21 (Protection of life and personal liberty) of the Constitution to the extent that it permits intrusive sexual intercourse with a girl aged between 15 and 18 years on the ground that she has been married.

The petitioner NGO pointed to discrepancies in the law, referring to the provision of the Criminal Procedure Code (CrPC), which says: “No court shall take cognizance of an offence under Section 376 of the Indian Penal Code, where such offences consist of sexual intercourse by a man with his own wife, the wife being under 18 years of age, if more than one year has elapsed from the date of the commencement of the offence.”

This made Justice Lalit wonder about the “cognizance” for what you can’t punish.

“You can’t take cognizance of something that can’t be punished,” he said.

Admitting to the dichotomy in the statutory provisions and the exception, Additional Solicitor General Tushar Mehta told the bench that there were 23 million child brides in India, and the parliament had this ground reality in view while making the exception.

(With inputs from IANS)

Next Story

International Girl Child Day: Celebrating Birth of a Girl Child

International Girls day is celebrated every year on 11th October in order to give the girl child the respect and dignity she deserves.

0
78
International Girl Child Day
On this International Girl Child Day, let’s be a part of a world which celebrates the girl child and let’s do our bit in making the world a better place. Maxpixel

International Girl Child Day has been declared by the United Nations on the 11th October every year in order to celebrate the importance of the girl child. On the occasion of International Girl Child Day, let’s help to spread awareness about the various problems faced by the girl child.

Perception 

The common perception of any society, sees girls are often considered to be inferior to boys. Discrimination against girls is unchecked, Due to fear of exploitation, they are not sent to schools and denied the right to a decent education.

Due to fear of exploitation parents do not send girl child to schools. Pixabay

Female Foeticide

Female Foeticide is an issue which is prevalent in the urban and mostly in the rural areas. People who are ill-informed believe that a girl child is inferior to a boy and thus will not be able to help the family in any way other than increasing the burden of feeding another mouth on them.

Save a Girl Child and protect a woman’s Dignity.

 

Child Marriage

Child marriage is another important issue because of which girls are forced to drop out from their education at a very early age.  India has the highest number of girls forced into marriage under the legal age of 18 accounting for 10 million child brides in the world.

It accounts for more than 70000 deaths each year relating to maternal deaths from pregnancy and childbirth. They also become victims of domestic abuse and the dowry system.

In some parts of the country, family marries off the girl in early age in order to save their economic burden. The reason for child marriage being so prevalent even today lies in the dowry system practised by a large portion of the educated lot.

A 16-year-old girl stands inside a protection home on the outskirts of New Delhi, Nov. 9, 2012. She was rescued by Bachpan Bachao Andolan (Save the Childhood Movement), a charity which rescues victims of bonded labor. voa

Girl Child Health

In the rural areas, the health facilities are not very developed. If there is a choice between the girl and boy, most of the people will make sure that the boy remains healthy in the hope of him supporting the family in future. Health facilities are the basic amenities of life and are meant to be used by everybody equally. In India, several girl children die of malnutrition and diseases before the age of 6.  Higher rates of child marriage lead to maternity deaths arising from complications in pregnancy and giving birth and it also increases the chances of the stillborn infant.

Girl Child Trafficking

Girl child trafficking is the defined as the trade any girl child under the age of 18 for the purpose of exploitation whether inside or outside the country.  According to the National Crime Record Bureau, one child disappears in every eight minutes. Mostly these children are underage girls. They are taken from their homes and sold in the market for the purpose of begging, labor, and sexual exploitation.  Sometimes it is their own family members who sell them for the need of money or just because they think she is a burden.

Child Marriage
According to the National Crime Record Bureau, one child disappears in every eight minutes. Wikimedia

On this International Girl Child Day, let us be a part of a world which celebrates the girl child and do our bit in making the world a better place.  A very much needed change in the society is the change in the attitude of the people. They should understand the fact that girls are equal to boys in all aspects and should be given equal respect and liberty.

The childhood of a girl can be preserved if we as a society come together and make sure she is nurtured, cherished, protected and should be given freedom to choose her life the way she wants to live.

(The facts were first published by CRY ).

Next Story

Bandhan Tod : The Latest Mobile App to End Child Marriage in India’s Bihar

Despite a law banning girls from marrying before they turn 18, the practice is deeply rooted in tradition and widely accepted in Indian society.

0
45
Child marriage
Child bride Krishna, 12, stands at a doorway into her compound in a village near Baran, in India's Rajasthan state. Despite a law banning girls from marrying before they turn 18, the practice is deeply rooted in tradition and widely accepted in Indian society. (VOA)

Bihar, September 20, 2017 : A mobile phone app is the latest tool for campaigners seeking to end child marriage in India’s Bihar state, where nearly two-thirds of girls in some of its rural areas are married before the legal age of 18.

The app, Bandhan Tod, was developed by Gender Alliance — a collective of more than 270 charities in Bihar focused on gender rights — and launched this week by Deputy Chief Minister Sushil Kumar Modi. It is backed by the U.N. Population Fund.

India ranks among countries with the highest rates of child marriage in the world, accounting for a third of the global total of more than 700 million women, according to UNICEF, the United Nations children’s agency.

Bandhan Tod — meaning “break the binds” — includes classes on child marriage and dowries and their ill effects. It also has an SOS button that notifies the team when activated.

ALSO READ Ghana Chooses Girls Over Brides, Launches ‘End Child Marriage’ Campaign

“The app is a big part of our efforts to end child marriage in the state,” said Prashanti Tiwary, head of Gender Alliance.

“Education is good, but when a young girl wants help because she is being forced to marry before the legal age, the app can be her way out,” she told the Thomson Reuters Foundation.

Despite a law banning girls from marrying before they turn 18, the practice is deeply rooted in tradition and widely accepted in Indian society. It is rarely reported as a crime and officials are often reluctant to prosecute offenders.

While boys also marry before the legal age of 21, girls are disproportionately affected.

Risks of abuse, death rise

Early marriage makes it more likely that girls will drop out of school, and campaigners say it also increases risks of sexual violence, domestic abuse and death in childbirth.

Legal efforts have failed to break the stranglehold of tradition and culture that continues to support child marriage, charity ActionAid India said in a report this year.

When the SOS on Bandhan Tod is activated, the nearest small NGO will attempt to resolve the issue. If the family resists, then the police will be notified, said Tiwary.

A similar app in West Bengal state to report child marriage and trafficking of women and children has helped prevent several such instances, according to Child in Need Institute, which launched the app in 2015.

ALSO READ Mobile Applications Ensure Public Safety in Rio De Janerio

Other efforts include a cash incentive, where the state transfers a sum of money to the girl’s bank account if she remains in school and unwed at age 18.

Suppliers of wedding tents in Rajasthan state have stopped dozens of child marriages by alerting officials.

“It will take a change in mindset and behavior to end child marriage,” said Tiwary, who is lobbying the government to raise the marriage age for women to 21, so they have the same opportunities as men.

“But technology provides a practical and accessible way to help prevent it on the ground,” she said. (VOA)

Next Story

Countries with Stricter Rape Law Limit Chances of Civil War: Study

Rape laws can be another proxy to look at gender equality in society

0
35
Rape law
Rape law in country. Pixabay
  • Stricter rape law that punishes rapists with long punitive sentences are less likely to have a civil war and strife
  • The transmission of rape laws across countries correlates with democratization and a general trend toward progressive laws
  • The findings support research that has identified political liberalism and progressive, individualistic and emancipatory ideas, including gay rights

New York, Sep 07, 2017: Countries that punish rapists with long punitive sentences are less likely to have a civil war and strife, new research has found.

“The transmission of rape laws across countries correlates with democratization and a general trend toward progressive laws. It proceeds then that countries are more likely to adopt gender-neutral laws and stricter laws against rape,” said the study’s lead author Nazli Avdan, Assistant Professor of Political Science at University of Kansas in the US.

The researchers paired a statistical analysis of data on rape legislation for 194 countries across the world from 1965 to 2005 with the number of civil wars over that time span.

The study, published in the journal Dynamics of Asymmetric Conflict, addresses an expanding body of research that argues that gender inequality heightens the probability of intrastate conflict by creating a structure of violence.

The researchers argued that nations that have laws that are gender neutral in how they protect citizens, especially in granting equal protection and rights to women, increase the chance that the state’s society would embody liberal and progressive norms.

Also Read: What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario 

“These norms cohere with ideas about peaceful conflict resolution,” Avdan said.

“These ideas in turn mitigate civil conflict,” she added.

The researchers found that countries that did little to punish perpetrators of rape likely include exemptions for the crime of rape if the perpetrator and victim are married, or possibly they treat genders differently under the law.

In other cases, some penal systems exonerate the assailant if he agrees to marry the rape victim.

“A so-called marriage loophole is a situation with a perpetrator is married to a victim would exonerate the assailant,” Avdan said.

“That is at its core a misogynistic policy. Countries with these policies – for example, Middle Eastern countries like Jordan and Lebanon but also other countries such as the Philippines — have received condemnation for not reforming these laws,” Avdan added.

The findings support research that has identified political liberalism and progressive, individualistic and emancipatory ideas, including gay rights, for example, tend to correlate with reduced propensities of armed conflicts.

“Rape law showcases an angle about gender norms,” Avdan said.

“And we know that masculine norms tend to support militarism and militant nationalism as well. Rape law can be another proxy to look at gender equality in society,” she added. (IANS)