[Marital Rape] Process for comprehensive amendments to criminal laws initiated: Central government in Parliament

The Rajya Sabha was informed on Wednesday that a process for comprehensive amendments to criminal laws in consultation with all stakeholders was initiated by the Central government..This response came from the Union Minister of Women and Child Development Smriti Irani, while answering a question posed by CPI Member of Parliament Binoy Viswam on whether the government has taken any position regarding inclusion of 'marital rape' as an offence under the Indian Penal Code..The MP sought clarification on whether the government acknowledged the prevalence of rape within marriages or had conducted research regarding the same..While noting that the matter is sub-judice before the Delhi High Court, the reply said “..the Government of India has initiated the process for comprehensive amendments to criminal laws in consultation with all stakeholders.”.It was recorded that this also based on recommendation of the Department related Parliamentary Standing Committee on Home Affairs that there was a need for a comprehensive review of the country’s criminal justice system.“The Department related Parliamentary Standing Committee on Home Affairs, in its 146th Report had recommended that there is a need for a comprehensive review of the Criminal Justice System of the country. Earlier, the Parliamentary Standing Committee in its 111th and 128th reports had also stressed upon the need to reform and rationalize the criminal law of the country by introducing a comprehensive legislation in Parliament rather than bringing about piece-meal amendments in respective Acts.”.The Delhi High Court is currently hearing a writ petition challenging Exception 2 to Section 375 of the Indian Penal Code (IPC) which effectively grants immunity to husbands from being charged with rape if they establish sexual relations with their wives without consent.