Marital Rape As Offence- Based On Feedback From Stakeholders, Appropriate Decision Would Be Taken At Appropriate Time: Centre Tells Lok Sabha

It was stated by Ministry of Women and Child Development Smriti Zubin Irani that 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.

She added 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.

Further, she mentioned that the matter of marital rape is sub-judice before the High Court of Delhi in Review Petition in W.P. (Civil) No. 284/ 2015 filed by RIT Foundation against the Union of India.

Essentially, the aforesaid information was provided in response to the following questions raised by MPs Shardaben Anilbhai Patel and Mitesh Rameshbhai Patel (Bakabhai):

"(a) whether the Government has formed any opinion regarding the inclusion of marital rape as an offence under the Indian Penal Code and if so, the details thereof;

(b) whether the Government acknowledges the prevalence of rape/ sexual harassment in marital life or conducted any study/ research in this regard; and

(c) if so, the details and the outcome thereof along with the remedial steps taken in this regard?"

Notably, the Delhi High Court is expected to deliver its verdict in 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. It may be noted that a bench of Justice Rajiv Shakdher and Justice C. Hari Shankar of Delhi HC had reserved the verdict in the matter last month after hearing the matter for several days.

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC

It may be noted that exception 2 to Section 375 of IPC exempts forceful sexual intercourse by a man with his own wife from the offence of rape.

Click Here To Read/Download Unstarred Question And Answer