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LATEST NEWS UPDATES | 'Ministry's reply on marital rape was an oversight'

'Ministry's reply on marital rape was an oversight'

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published Published on Apr 9, 2016   modified Modified on Apr 9, 2016
-The Times of India

NEW DELHI: The women and child development ministry (WCD) has written to the Rajya Sabha seeking to withdraw its response on marital rape describing it as an "oversight." The fresh response that the ministry is likely to put before Parliament is that the issue is under law commission's consideration.

WCD minister Maneka Gandhi's response to a Parliament question in Rajya Sabha terming marital rape as a concept unsuited in the Indian context drew sharp criticism from women rights activists who have been campaigning for criminalising of marital rape. This was one of the recommendations of the Verma committee set up in the aftermath of the public outrage against the Nirbhaya gangrape in December 2012.

Gandhi in her response on March 10 had 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 e.g. level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament."

The ministry has redacted its response saying that it was an oversight and has sent a fresh reply that is in line with the stand taken by the ministry of home affairs. The home ministry on March 15 had responded to a Lok Sabha query on the same subject saying that it has asked the law commission to "deliberate on the matter during the course of its comprehensive review of Criminal Justice System."

Minister of state for home Haribhai Parathibhai Chaudhary said, "The Law Commission of India, while making its 172nd Report on "Review of Rape Laws" in March, 2000 did not recommend criminalization of marital rape. However, the Justice J S Verma Committee, while giving its Report on "Amendments to Criminal Law" in January 2013, recommended that law ought to be amended to delete the marital rape exception. The department-related parliamentary standing committee on Home Affairs presented its 167th Report on the Criminal Law (Amendment) Bill, 2012 in the Rajya Sabha on 1st March, 2013."

The Times of India, 9 April, 2016, http://timesofindia.indiatimes.com/india/Ministrys-reply-on-marital-rape-was-an-oversight/articleshow/51749762.cms


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