Millennium Post

‘Family system will be under great stress if marital rape criminalised’

A Parliamentary panel has observed that if the issue of marital rape is brought under law, the entire family system will be under great stress. MoS for Home Haribhai Chaudhury said in the Lok Sabha that the department related Parliamentary Standing Committee on Home Affairs presented its 167th report on the Criminal Law (Amendment) Bill, 2012 in the Rajya Sabha on March 1, 2013.

While giving its report, the Committee considered both the 172nd report on review of rape laws given by the Law Commission of India and the report of the Justice J S Verma Committee. “The Committee deliberated the amendments to Section 375 of the IPC, including the issue of marital rape, and observed that if marital rape is brought under the law, the entire family system will be under great stress and the Committee may perhaps be doing more injustice,” he said. 

The Law Commission, while making its 172nd report on ‘Review of Rape Laws’ in March 2000, did not recommend criminalisation of marital rape.

However, the Justice JS Verma Committee, while giving its report on 'Amendments to Criminal Law' in January 2013, recommended that law ought to be amended to delete the marital rape exception. “This (Home) Ministry has requested the Law Commission to deliberate upon the matter during the course of its comprehensive review of Criminal Justice System,” Chaudhary said. 
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