NEW DELHI: The Union Government made clear on Wednesday that the concept of marital rape does not suitably apply to the Indian context as wedlock is treated as a sacred relationship between a couple in our society.
Replying to a question of DMK MP Kanimozhi in Rajya Sabha, Minister of State for Home Haribhai Parathibhai Chaudhary said: “It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, the mindset of the society to treat the marriage as a sacrament.”
The DMK MP had asked if the government planned to amend the IPC to treat ‘marital rape‘ a crime, especially since the UN Committee on Elimination of Discrimination against Women had recommended this. A UN report had found that about 75 percent of married women in India were subjected to marital rape.
Chaudhary said the Ministries of External Affairs and Women and Child Development have reported that the UN committee had in fact recommended to criminalise marital rape. However, in absence of any such recommendation by the Law Commission, the government has no plan to bring in any change in the existing law.
“The Law Commission of India, while making its 172nd Report on Review of Rape Laws did not recommend criminalisation of marital rape by amending the exception to Section 375 of the Indian Penal Code and hence presently there is no proposal to bring any amendment to the IPC in this regard,” the Minister said.
