Marital Rape| 'Process For Comprehensive Amendments To Criminal Laws In Consultation With Stakeholders Initiated': Centre Tells Parliament

The Centre informed the Rajya Sabha on Wednesday that a process for comprehensive amendments to criminal laws in consultation with all stakeholders has been initiated by the government. 

This was informed by the Union Minister of Women and Child Development Smriti Irani, while answering a question posed by CPI Member of Parliament Binoy Viswam on whether the government has taken any position regarding inclusion of 'marital rape' as an offence under the Indian Penal Code.

The MP had further enquired as to whether the government acknowledges the prevalence of rape/sexual abuse within marriages or has conducted any study/research on the same and if so, what steps have been taken to address the same. 

The response noted that the matter is currently sub-judice before the Delhi High Court and further stipulated, "the Government of India has initiated the process for comprehensive amendments to criminal laws in consultation with all stakeholders."

The Centre in its response further stated that the Parliamentary Standing Committee in its 111th and 128th reports had also stressed upon the need to reform and rationalize the criminal law of the country by introducing a comprehensive legislation in Parliament rather than bringing about piece-meal amendments in respective Acts. 

"The matter of marital rape is sub-judice before the High Court of Delhi in Review Petition in W.P. (Criminal) No. 284/ 2015 filed by RIT Foundation against the Union of India. Further, the Department related Parliamentary Standing Committee on Home Affairs, in its 146th Report had recommended that there is a need for a comprehensive review of the Criminal Justice System of the country. Earlier, the Parliamentary Standing Committee in its 111th and 128th reports had also stressed upon the need to reform and rationalize the criminal law of the country by introducing a comprehensive legislation in Parliament rather than bringing about piece-meal amendments in respective Acts. Accordingly, the Government of India has initiated the process for comprehensive amendments to criminal laws in consultation with all stakeholders", the Centre informed. 

It may be noted that the Delhi High Court is currently hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape. 

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