Child marriage “is an evil worse than rape” and should be completely eradicated from society, said a Delhi court

Child marriages can (and do) lead to ‘sex with minors’ – with or without the minors’ consent.

And, sex with minors is legally acknowledged as rape except when the rapist is married to the rape victim.

So for the child who has been ‘married off’ to the person legally not-raping them but forcing them into sexual activity, the child marriage is truly worse than rape. Because here the rapist has the legal right to sexually assault the minor victim.

I know of two women who escaped such marriages (link) – and when I shared this with an acquaintance (who was worried about western influence on Indian culture) she said, “Oh but these things happen only to the poor and the uneducated.” (a factually unsupported statement)

So such things only happen to other people, who are not like us?

I wanted to tell her that ‘the poor and the uneducated’ are assured that early marriages prevent sexual crimes, and that sexual assaults happen only to ‘the Westernised’ in India, not to those how live in Bharat. 😦

But I am glad to hear this acknowledged.

Child marriage worse than rape, Delhi court says 

Link shared by Abhishek Oza

Child marriage “is an evil worse than rape” and should be completely eradicated from society, said a Delhi court while ordering registration of a case against a girl’s parents for getting her married at a tender age.

….

“There are serious outcomes of child marriage. It is the worst form of domestic violence against the child, not only by the respondents (husband and his family) but also by her own parents.

….

“Child brides have a diminished chance of completing their education and are at a higher risk of being physically abused, contracting HIV and other diseases, and dying while pregnant or giving birth,” the magistrate observed, adding that luckily this girl was “healthy”.

And here is an effort that can help children stay in school and schooling makes it easier for parents to avoid child marriages.

Related Posts:

When life ends at twelve.

“In my own company in a cosmopolitan city, I know women who were horrified on the First Night.”

Pregnant at fifteen? No moral issues. Unmarried and pregnant at fifteen. Degeneration of society.

Teenage Pregnancies – not our culture…

Forced intercourse in marriage not rape: Delhi court

What is that one thing that can change an Indian girl child’s life?

Who will benefit from criminalising sexual assaults within marriages?

‘Bill seeks to let 12-yr-olds have non-penetrative sex’. Does it really?

 

 

 

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Society cannot afford to have live sex bombs who, if let loose, are a potential threat…

Harijan who sodomised a ten month old baby had his sentence reduced because he was away from his family and hence ‘lost control’. Another child abuser in Kerala was excused because he had a family (the 11 year old victim was thrown out of school).  But it seems not all pedophiles and rapists find such support and understanding when random situations cause them to  ‘lose control’.

Here’s a verdict that gives hope.

“Castration is the most befitting sentence which can be imposed on any pedophile or serial offender but the hands of this court are tied as the statute does not provide for it… Indian legislators are yet to explore this as an alternative to conventional sentencing,” observed additional sessions judge Kamini Lau.

ASJ Lau sentenced a man to imprisonment for his “entire life” for raping his six-year-old niece and directed the prison authorities not to give him any remission. PT please explain!

“The message to be sent by the court has to be loud and clear, and that is ‘do not mess with a child’ and any person who meddles with the child, male or female, in any manner shall not be spared,”…

The court convicted 30-year-old Nandan for rape, kidnapping and unnatural sex. Calling the convict a “live sex bomb”, the court refused to take a lenient view of his act. “Society cannot afford to have live sex bombs who, if let loose, are a potential threat… particularly to women and children. The convict before this court with his track record of a compulsive sex drive requires to be kept out of circulation,” it said.

Nandan had kidnapped his niece when she was playing with her brother and took her to his house on pretext of giving her ice-cream and raped her … Nandan had earlier tried to sexually assault women in his family but the matter was hushed up to protect family honour

The court noted that the minor was rescued from the clutches of the convict by her mother and aunt who went to his house in search of the girl. They had found the injured child crying while Nandan was sleeping after committing the crime. [From TOI]

More about this verdict in Indian Express.

“… Nandan … had also threatened to kill her if she informed anyone. …Nandan had also attempted the same offence with another girl, aged 13, who had come to the house of a relative. Though family members knew what had happened, they kept quiet, an act which the judge condemned in her order.

“It is the primary duty of each adult member of the family to identify, expose and act against such persons exhibiting these kind of sexual tendencies and aberrations… It is deplorable that for Nandan’s family, his liberty was more crucial to them than the life of the girl which he destroyed,” the judge said. …

Nandan was sentenced to a prison term for actual life, meaning that there would be no remission after 14 years of jail.

The Indian Penal Code provides only a jail term for sexual offenders. Countries like the US, UK and Germany have started awarding ‘chemical castration’ as punishment.

The court also ordered the Delhi government to pay the victim a compensation of Rs 2 lakh towards her education and welfare.”  [Read more – Indian Express]

Related posts:
“A message is required to be sent, loud and clear that wife bashing has no place in a civilised society and violent husbands deserve no mercy,” (Verdict by the same judge)

In Rape Culture, we understand that if the rapist was living alone, away from his native place, he could lose control over himself.

Rape Culture 101

Emotion of love and affection compelled the convict. ‘Love not a crime’, says Delhi Court.

“The act of falling in love cannot be punished in the way other criminals are punished”. With this observation, a trial court acquitted 22-year-old Sanjay of Jahangirpuri on charges of raping his 15-year-old girlfriend, although it held him guilty of kidnapping as he had not taken the consent of her parents.

“It is clear that emotion of love and affection compelled the convict to take this step wherein he failed to acknowledge the presence and sanctity of consent of the parents of the girl,” the court said. [Link]

I didn’t understand this judgement. Isn’t the girl a minor?

From what I understand, the act of an adult engaging in sex with a minor (15 or less) is considered rape, whether or not it is consensual.


While the consent age for pre-marital sex is 16, the husband has license to engage in such an act with his minor wife even if she is as young as 15.

Though the minimum marriageable age for women is 18, the marriage with an under-aged girl is not per se invalid. For, under the Prohibition of Child Marriage Act 2006, marriage is “void” only if it was the result of kidnapping or elopement. In the event of sex with his wife under 15, the man is liable to be charged with rape under Section 376.”[Link]

Now this 22 year old was not married to the 15 year old. And even if they had married, the marriage to a minor as a result of elopement, would have been void!

And ‘emotion of love and affection compelled the convict‘?

It would have been understandable if the man was a minor too, but shouldn’t a 22 year adult be held accountable for his actions?

On the other hand, perhaps this could make it easier for young Indian couples to choose their partners without fearing one of them being harassed by the families and the police for ‘rape and kidnapping’.

But then is a 15 year old capable of choosing a life partner? Remember, she has no other legal rights that adults do.

And what if the elopement (or ‘consensual kidnapping’) is caused by her parents’ attempts to forcibly marry the minor off elsewhere? We know it’s common for Indian parents to arrange marriages in haste to protect their daughters from Love Marriages.

In such cases do we say, emotion of love and affection compelled the convict‘ to elope or will it be seen as an elopement caused by the need to escape a forced marriage?

Related posts:

The Powers of the Protectors.

“Bill seeks to let 12 year olds have non penetrative sex. Does it really?

It’s child abuse not an ‘affair’
.