The Union minister of women and child development Maneka Gandhi, on Tuesday said that marital rape laws are sufficient, and it is the lack of complaints that is stopping the ministry from taking action.
"The law is there; it has been there. But women need to use it. 99.9% of women don't use it. And since it is a matter where we need to intervene in the bedroom, we must do it with caution and grace. I can't do much if you don't complain," she said.
This is the third stance that the minister has taken this year alone on the issue. In March, she said that the concept of marital rape cannot be applied to the Indian context. And later, in May, she said that criminalising marital rape will put stress on the family, and strain family ties.
The minister has taken several stances on the hotly-debated issue. However, she cites the lack of numbers and complaints as her helplessness to act.
Currently, under the Domestic Violence Act (2005), marital rape is not punished. Neither does section 376 of the Indian Penal Code. Or the Criminal Law (Amendment) Act (2013). Only if the wife is minor, is the man liable for punishment.
The High Level committee on women, headed by Pam Rajput had recommended criminalising marital rape. A report submitted by amicus curiae Indira Jaising, too, recommended criminalising marital rape. Even the Justice Verma Committee, formed after the Nirbhaya rape case, recommended criminalising marital rape.
