Criminalise marital rape: UNDP chief
- Recently Minister for Women and Child Welfare Maneka Gandhi submitted in Parliament that the government wouldn’t criminalise “marital rape,”. She said that the “concept of marital rape, as understood internationally, cannot be applied in the Indian context due to level of education/illiteracy, poverty, customs and values, religious beliefs, mindset of society to treat the marriage as a sacrament, etc..”
- UNDP chief Helen Clark that the issue is one of consent, not culture. She suggested that India would be violating the Sustainable Development Goals it has adopted if it did not amend the law accordingly.She was in Delhi to attend the IMF ‘Advancing Asia’ conference
- Ms. Clark made a significant pitch for all countries that had not made domestic abuse and marital rape criminal offences to do so at the earliest.
- Her words are particularly significant not just because the United Nations Development Programme is monitoring the implementation of the SDGs by 2030, but because Ms. Clark is widely considered to be preparing to run for U.N. Secretary-General later this year.
- Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent.
- Section 375 of the IPC criminalises forced sexual intercourse or rape. But exception 2 of Section 375 of the IPC says any form of intercourse by a man with his wife, who is not under 15 years of age, is not rape
- Section 376 of IPC provides punishment for rape. This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment.
Arguments to criminalise marital rape
- The UN Population Fund states that more than 2/3rds of married women in India, aged between 15 to 49 have been beaten, raped or forced to provide sex.
- In the present day, studies indicate that between 10 and 14% of married women are raped by their husbands
- Section 375 of IPC which criminalises rape provides no protection for married women. Once, the age crosses 16, there is no legal protection accorded to the wife, in direct contravention of human rights regulations.
- Further the same law provides for the legal age of consent for marriage to be 18 while protecting form sexual abuse, only those up to the age of 16
- The 172nd Law Commission report and Justice Verma committee also recommended for criminalising marital rape
- A recent report submitted by amicus curiae Indira Jaising to the Supreme Court had called for criminalising the offence. The report had recommended that , must be done away with.
For further reading on marital rape read the following articles
A permanent museum dedicated to the Partition of India in 1947 – to be called Yadgar-e-Taqseem or Memories of Partition – will be opened in Amritsar in early 2017, to ...READ MORE
Street children will be provided Aadhaar cards to enable them to take admission in schools and access government health services. The Standard Operating Procedure for Care and Protection of Children in ...READ MORE
National Court of Appeal 1. What is a National Court of Appeal? The National Court Appeal with regional benches in Chennai, Mumbai and Kolkata is meant to act as final court of ...READ MORE
4th State Finance Commission’s tour of State Why in News: The three-member Fourth State Finance Commission (SFC), headed by C.G. Chinnaswamy, has begun consulting with experts and urban and rural local ...READ MORE
Blockchain is the technology behind web-based cryptocurrency bitcoin. Cyrptocurrencies such as bitcoin have been making a lot of buzz over the last few years The underlying blockchain technology emerged from the shadows of cryptocurrencies ...READ MORE
The government has declared the National Socialist Council of Nagaland-Khaplang (NSCN-K) a terrorist organisation under the stringent provisions of Unlawful Activities (Prevention) Act, 1967 It is the 39th outfit to enter ...READ MORE
TADF is a new scheme to facilitate acquisition of Clean, Green & Energy Efficient Technologies, in form of Technology / Customised Products / Specialised Services / Patents / Industrial Design ...READ MORE
GPS to be used for next year's elephant census Global Positioning System (GPS) will be used for the first time to count and map elephants in the pachyderm census to be ...READ MORE
More seats for State students in PG medical, dental courses Nearly 64% of the total 2,281 postgraduate medical seats and 55.54% of the 929 postgraduate dental seats in the State have ...READ MORE
Amritsar’s Partition museum
Aadhaar card for street children
All you need to know about National Court
Karnataka 4th Finance Commission: NammaKPSC classroom session for
Blockchain – Technology behind Bit coin
Centre declares NSCN(K) terrorist organisation
Technology Acquisition and Development Fund
Elephant Census to be held in April-May 2017
Karnataka Current Affairs – KAS / KPSC Exams
IT-based malaria control initiative