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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.

The public places where women in India are raped

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”.

Rape victim in India asked to balance heavy rock on head to prove her ‘purity’

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

Congress & BJP govts have both refused to legislate on Marital Rape. Reinforces my belief that India doesnt have any genuinely liberal party
— barkha dutt (@BDUTT) March 11, 2016

Just last year, Maneka Gandhi had condemned marital rape as unacceptable https://t.co/z3YQ2KY2TQ via @scroll_in
— Nandita Das (@nanditadas) March 13, 2016

Maneka Gandhi should have added another reason to why marital rape can't be a crime in India - apathetic politicians.
— Nicola Smith (@niccijsmith) March 11, 2016

Maneka Gandhi just justified marital rape. So men in India are allowed to do whatever they wish to with their wife. Wah!
— Hasiba | حسيبة | हसीबा ✋🏽🌈🍉 (@HasibaAmin) March 11, 2016

Maneka Gandhi,Please be rest assured.The 'poor' & the 'illiterate' will understand the basic concept of 'consent'. Stop being so patronising
— Sona Mohapatra (@sonamohapatra) March 11, 2016

Man rapes a calf
Maneka Gandhi: Send him to jail
Man rapes wife
MG: Marriage is sacred, let's just shut up pic.twitter.com/RBlHa1h7es
— Internal Dark Matter (@Just_Screams) March 11, 2016

Don't question the husband after marriage.
Don't question the government after electing it. #MaritalRape
— Aisi Taisi Democracy (@AisiTaisiDemo) March 11, 2016

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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John B | 8 years ago | Reply As a married man of 21 years who never violated my promise to my wife that I gave before God, I fully agree with a minister's view. Marital rape law sounds good in theory but can never be proven in court of law. A woman who claims rape by her husband must prove it and regardless of outcome of her claim in court, one can be assured that their marriage is over once her claim becomes public. She can't expect her marriage to be normal after her claim. If her husband is a sexual deviant, she can always file for divorce. Under marital rape law, a wife may claim that her husband forced her to have sex while she was not in mood. Under general definition of rape, non consensual sex is rape, and so, when a wife is disinterested in sex, conjugation by husband is technically a rape. Those who are married know that the act is always initiated by one spouse ( need not necessarily by husband, as one may tend to think!) and at the end of conjugation the other spouse who did not initiate the act may claim, rape, as per law. Conjugation is an integral part of marriage, and in the course of marriage several experiments were disliked by one or the other and the couple find their mutual methods. In the interim, if we lend credence to all the acts that were disliked by one as rape, then the marriage is over. In Asian contexts, marriage is a promise made before society and the God of their belief, and no woman or man who who claim rape within the marriage can expect their marriage to be happy ever after. Marriage is an institution, more so in Asia than in the west, and hence marital rape law has little meaning and it will destroy the institution of marriage. A woman in Asia has more protection within the marriage than anywhere else. Many who support the marital law are either not married or divorced and hence have not understood the institution of marriage in Asia, which has withstood the test of time, whereas it is broken on most of the western world. The last thing I want is a state to tell me what is a marital conjugation and what is a rape when my wife and I are undressed!

varuag | 8 years ago | Reply most of the commissions appointed in the last couple of years have been consistent in their recommendations viz. criminalize marital rape and de-criminalize homosexuality (Justice Malimath committee for instance) some background over the reasons for inclusion of 15 years in section 375 of IPC - the 1889 death of 11 year old married Phoolmonee due to rape by her husband led to a movement to reform. Post 1857 revolt, the British were not willing to give any support to the social reform as they had the backing of the orthodoxy. Even mainstream politicians (nee nationalists) were against reform as they wanted political reform first (nee independence) and social reform later. Despite such hurdles the Behramji Malabaris carried on the struggle that led to the Age of Consent Act of 1891 that raise marriage age to 12. Later it was enhanced to 15. Today this issue has little political traction. While there has been movement on gender laws from juvenile justice to rape to domestic violence to sexual harrrasment at workplace, this issue remains taboo. The very fact that the minister has to issue statements means that the issue is alive. No political party (except the left) can attempt to move till there is sufficient public pressure. While I hate to admit it, only a Nirbhaya like incident can galvanize this issue at the top of the heap and change political equations. As such Domestic Violence Act 2005 provides the only solace for now. The Supreme Court in Suresh Kumar Koushal case 2013 reversed the decriminalisation of homosexuality by Delhi High Court in Naz Foundation case. With the failure of Shashi Tharoor's private member's bill, the onus lies on Supreme Court to regain its credibility as a counter-majoritarian institution. While the fingers are not crossed, we await today's Behramji Malabaris..........

Fahim | 8 years ago | Reply Marital rape in Islam has a punishment that is immediate divorce between couple. If you go beyond it then any one partner can claim things that may be true or false but can't be proven.

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