Maneka Gandhi (Union Minister for Women and Child Development) has announced that the marital rape in India can not be criminalised considering majority of factor ruling the nation like poverty, illiteracy and religious beliefs. Gandhi confirmed this in a written statement to the Rajya Sabha, while saying that it is not feasible for the government to criminalise martial rape. Minister while answering to a question on whether the modi government plans to criminalise marital rape, said in her written reply in Rajya Sabha, “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. Recently, noted lawyer Indira Jaising submitted a report in the Supreme Court regarding the definition of marital rape and had sought to criminalise under the various sections of IPC, but the Union government’s stuck to it’s old stand of not decriminalising it. According to the report, Jaising had recommended that exception 2 of Section 375 (under which any form of intercourse by a man with his wife who is more than 15 should be abolished). The report further recommended that all the cases should be brought under Section 375, in order to define the Extended definition of Rape.
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