Marital rape 'cannot be applied in the Indian context', says minister for women

Maneka Gandhi gave poverty, religious beliefs and social customs as reasons for not criminalising marital rape


News Desk March 13, 2016
Women and Child Welfare minister Maneka Gandhi PHOTO: REUTERS

Indian government remains unconvinced about criminalising marital rape as Minister for Women and Child Development told the parliament on Thursday that the concept of marital rape, as understood internationally, could not be suitably applied in the Indian context.

“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,” Maneka Gandhi said in a written reply in the Upper House in response to a question on whether the government plans to criminalise marital rape.

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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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Many took to Twitter to voice their outrage at Gandhi’s remarks.















This article originally appeared on Indian Express

COMMENTS (5)

ajeet | 8 years ago | Reply @Fahim: Does it require 4 witness?
Bilal Abdul Mujeeb | 8 years ago | Reply @Fahim... You may be right about that but most scholars preach that a woman cannot refuse sex to her husband. If she does that she will be cursed till next time .... Dont know where did they get their source from.
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