‘Concept of marital rape can’t be applied in Indian context’: Maneka Gandhi

The government remains unconvinced about criminalising marital rape as Maneka Gandhi told Rajya Sabha on Thursday that a country like India is not ready for the change due to factors like poverty, illiteracy and religious beliefs.

New Delhi | Published:March 11, 2016 2:03 am
maneka Minister for Women and Child Development Maneka Gandhi

The government remains unconvinced about criminalising marital rape as Minister for Women and Child Development Maneka Gandhi told Rajya Sabha Thursday that a country like India is not ready for the change due to factors like poverty, illiteracy and religious beliefs.

“It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament, etc.,” she said in a written reply in the Upper House in response to a question on whether the government plans to criminalise marital rape.

The government’s stand on marital rape hasn’t changed even though a recent report submitted by amicus curiae Indira Jaising to the Supreme Court had called for criminalising the offence. The report had recommended that exception 2 of Section 375 of the IPC, as per which any form of intercourse by a man with his wife, who is not under 15 years of age, is not rape, must be done away with. It also recommended that any case of forced anal penetration by a man with his wife should not be registered under Section 377, which deals with unnatural sex. It recommended that such cases be registered under Section 375 “in view of the expanded definition of rape”.

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NDA’s predecessor UPA government had also shied away from including marital rape as a criminal offence in the new anti-rape law even though the Justice Verma panel had recommended it.

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  1. L
    Lee
    Jan 13, 2017 at 7:13 pm
    This 6th and
    Reply
    1. L
      Lee
      Jan 13, 2017 at 7:08 pm
      Too many general ideals not enough stories
      Reply
      1. A
        Amol Waghmare
        Mar 13, 2016 at 5:52 am
        When are we having law for men suffering from mental abuse..
        Reply
        1. A
          arun
          Mar 11, 2016 at 4:09 am
          The husbands are hared too much in India. Many husbands are forced to be slaves of their wife. Such husbands must have freedom from their slave masters, legally.
          Reply
          1. v
            venky123
            Mar 12, 2016 at 12:10 am
            Marital rape is offence....BUT BUT BUT...dia is not ready for it....only the rich educated woman will use and abuse it.....the real place where marital rape happens mostly among drunkard husbad and pooor lady....but this law will be abused by eduated cl woman to bully husbands....already Dowry law is being abused to death...now this law will be one more weapon in the hands of lady high cl rowdies....SAVE MEN! AMEN!!
            Reply
            1. c
              countk99
              Mar 11, 2016 at 3:50 am
              Good decision., This will become another tool for women to har husbands. Not sure who comes up such stupid laws.
              Reply
              1. D
                donut
                Mar 11, 2016 at 10:14 am
                yes.. perfect. am sure this rule will come faster for cows first than humans. bjp rox
                Reply
                1. हेमकांत
                  Mar 11, 2016 at 5:59 am
                  The people who are trying their best, with the help and money of foreign NGOs, organizations, religious organizations, envying the "Stable-family structure", present over millenniums, to destroy it.
                  Reply
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