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poo_supi thumbnail
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Posted: 17 years ago
#11
you are totally right i agree with you.

But with traditional custom and rituals even police cannot do anything.on the top they side the husband family and consider it as a family matter and close the case.

But who is going to fight? will anandi parents support her, they will instead support Jagdish. Nowadays even if the husband has raped the wife, which wife will go and give complaint to the police.


Why do you think shaguna is not sent? Bcoz they feel their daughter is too small to go for the gauna.
universe_megha thumbnail
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Posted: 17 years ago
#12
itz a co-incidence.. i was thinking the same.. there can be a possibility in future that Anandi gets raped by her tauji... that will be atrocious!!
sparkling_gems thumbnail
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Posted: 17 years ago
#13
This i was afraid too.. when i was watching the scene as it can come another curse of child marriage and backwardness.
btw i have another notion in my mind.. since Vasant and his mother want an unmarried girl for him.. is it possible that they made Phooli (Anandi's friend) marry him.. yaa i know she is widow but then she was not gone into gauna .. i mean she was not living with her husband.. u know what i meant ... in a way she is still unmarried... what say?
coolpurvi thumbnail
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Posted: 17 years ago
#14

Originally posted by: whynot

As per the Indian constitution, a sexual relationship with any person below the age of 18, irrespective of their gender, is rape, even if they have given their consent. If Anandi and Jagdish were to consummate their marriage or her sister-in-law and her husband were to consummate their's, it would legally be termed rape.



No there is no such provision in Indian Constitution. Its so according to Indian Penal code (IPC)

"Section 375 Rape: A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -

First: - Against her will.

Secondly: -without her consent.

Thirdly: - With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly: - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly: - With or without her consent, when she is under sixteen years of age.

Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape]."


poo_supi thumbnail
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Posted: 17 years ago
#15
Thanks cool purvi for sharing with us.

the Criminal Procedure Code states that 'it is rape if the girl is not the wife of the man involved and is below 16!' Which means that if the girl is not the wife of the man involved and is below 16, it is rape even if she consents. Whereas if she is a wife and below 15 years of age, it is not rape even if she does not consent.


It is really sickening. The whole trauma only goes through the females. There are no laws for this.


coolpurvi thumbnail
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Posted: 17 years ago
#16

Originally posted by: poo_supi

Thanks cool purvi for sharing with us.

the Criminal Procedure Code states that 'it is rape if the girl is not the wife of the man involved and is below 16!' Which means that if the girl is not the wife of the man involved and is below 16, it is rape even if she consents. Whereas if she is a wife and below 15 years of age, it is not rape even if she does not consent.


It is really sickening. The whole trauma only goes through the females. There are no laws for this.



Nop if wife's age is 15 or more then its not rape but if she's below 15 then its rape even if she gives consent.
Normally punishment for rape is minimum 7 years imprisonment but if a man commits rape on his wife who is below 12 years then minimum punishment is 10 yrs imprisonment (376 IPC)

Only two groups of married women are covered by the rape legislation — those being under 15 years of age and those who are separated from their husbands. While the rape of a girl below 12 years of age may be punished with rigorous imprisonment for a period of 10 years or more, the rape of a girl under 15 years of age carries a lesser sentence if the rapist is married to the victim. Some progress towards criminalizing domestic violence against the wife took place in 1983 when Section 376-A was added in the Indian Penal Code, 1860, which criminalized the rape of a judicially separated wife.

Many women's organizations and the National Commission for Women have been demanding the deletion of the exception clause in Section 375 of the Indian Penal Code which states that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape".
Edited by coolpurvi - 17 years ago
skeptical thumbnail
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Posted: 17 years ago
#17
What archaic laws! 😭 They are hardly justified at times!!! 🤢 My POV, please.
coolpurvi thumbnail
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Posted: 17 years ago
#18
Laws r good. Law cant solve all problem. Problem is the mentality of the people

Under the new Prohibition of the Child Marriage Act, 2006 the parties to an under-age marriage were given rights to get their marriage declared void (thus essentially making child-marriages void-able at the option of the under-age party to such marriage). In any case the right to maintenance of the girl were protected i.e. even of the such marriage was declared void, the girl had the right to maintenance from the husband till the time she got remarried. Further, under the new Act the punishment for encouraging or facilitating or solemnizing such marriages was increased. Nonetheless the policy of not holding the women liable for solemnization of such marriages was continued even under the new Act. But dont know how many brides living in those backward regions will actually use it. so the real problem is the mentality of people and unjust social customs
Edited by coolpurvi - 17 years ago

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