Centre to consider criminalisation of marital rape, says Maneka Gandhi

Far removed from her earlier stance, on 19 April, Women and Child Development Minister Maneka Gandhi said that the Centre has been deliberating on the criminalisation of marital rape.

In March however, Maneka Gandhi had dismissed speculations around the criminalisation of marital rape, and had said that marital rape was not an issue that could be legislated upon in the Indian context.

"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, religious beliefs, mindset of the society to treat the marriage as a sacrament," she had said, talking about the issue on the Rajya Sabha floor on 10 March.

Speaking to the media at the launch of the 'Beti Bachao, Beti Padhao' campaign in 61 additional districts however, Maneka Gandhi talked about the government's resolve to criminalise rape that occurs within the institution of marriage. When asked if there was an attempt to push for criminalisation of marital rape, she responded with "now there is".

Criminalisation of marital rape was one of the recommendations of the Justic Verma committee, which was set up to answer the demand for stronger legislation on crime against women following the Nirbhaya gang rape. It had included the need for criminalisation of marital rape as one of it's recommendations.

However, this suggestion was not paid heed to, and was initially dismissed by the parliamentary panel to which the report was submitted, as well as by the then UPA government.

However, the Home Ministry has now taken heed of the issue, and has instructed the Law Commission to deliberate on the issue of marital rape during the course of its comprehensive review of the criminal justice system.