“The family system will be under great pressure if marital rape is criminalized”


NEW DELHI: A parliamentary panel has observed that if the issue of marital rape is brought under the law, the whole family system will be under great stress.

State Home Secretary Haribhai Chaudhury told Lok Sabha that the department-linked Parliamentary Standing Committee on Home Affairs presented its 167th report on the Criminal Law (Amendment) Bill 2012 to Rajya Sabha on March 1, 2013.

In presenting its report, the Committee considered both the 172nd Report on the Review of Rape Laws presented by the Law Commission of India and the report of the Justice JS Verma Committee.

“The Committee deliberated on the amendments to Article 375 of the IPC, including the issue of marital rape, and observed that if marital rape is subject to the law, the whole family system will be subject to a great pressure and perhaps the Committee can do more injustice, “he said today, responding to a written question.

The Law Commission, when drafting its 172nd report on the “Rape Law Review” in March 2000, did not recommend the criminalization of marital rape.

However, Judge JS Verma’s committee, when presenting its report on “Criminal Law Amendments” in January 2013, recommended that the law be amended to remove the marital rape exception.

“This (interior) ministry has asked the Law Commission to deliberate on the matter during its comprehensive review of the criminal justice system,” Chaudhary said.

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