Centre cites law panel report

 

However, the minister cited the report of the law commission of India, which in its 172nd Report on Review of Rape Laws, did not recommend criminalisation of marital rape by amending the Exception to Section 375 of the Indian Penal Code. 

 

“Hence presently there is no proposal to bring any amendment to the IPC in this regard,” he said. Ms Kanimozhi had asked the home ministry whether the government will bring a bill to amend the IPC to remove the exception of marital rape from the definition of rape; and whether it is a fact that UN Committee on elimination of discrimination against women has recommended to India to criminalise marital rape. She had also said that according to United Nations Population Fund that 75 per cent of the married women in India were subjected to marital rape and whether the government has taken cognisance of the fact. 

 

The J.S. Verma committee had said the “relationship between the accused and the complainant is not relevant to the enquiry into whether the complainant consented to the sexual activity and the fact that the accused and the victim are married or in another intimate relationship may not be regarded as a mitigating factor justifying lower sentences for rape.’’

 

However, the recommendation was rejected by the previous UPA government after the home ministry had refrained from making marital rape a criminal offence while making brutal rape an offence punishable with death.