Lok Sabha Question No. 369 (UNSTARRED), answered on 2017-02-03
Subject: Criminalization of Marital Rape
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: KUNWAR PUSHPENDRA SINGH CHANDEL, JAYADEV GALLA

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.369

TO BE ANSWERED ON 03.02.2017

## CRIMINALIZATION OF MARITAL RAPE

## 369. SHRI KUNWAR PUSHPENDRA SINGH CHANDEL: SHRI JAYADEV GALLA

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a)   the details of complaints received/ reported in regard to marital rape and rape/ sexual harrassment of women by their relatives during each of the last three years and the current year, State/UT-wise;
- (b)   whether the Government proposes to make criminalization of marital rape and if so, the details thereof;
- (c)   whether any consultations have been held with the stakeholders and States/UTs in this regard, if so, the details and the outcome thereof;
- (d)  whether  the  Law  Commission  has  also  studied  the  issue,  if  so,  the  details  thereof  and  the recommendations made by it; and
- (e)   the present status in regard to criminalization of marital rape?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHANA RAJ)

- (a) As per National Crime Records Bureau (NCRB), details of cases registered under rape (section 376 IPC) in which offenders were Relatives of the victims during 2013-2015 and  cases registered under rape (section 376 IPC) in which Offenders were Live in Partner or Separated Husband during 2015  is at Annexure-I
- (b)   to (e) Ministry of Home Affairs has informed that the Law Commission of India, while making its 172 nd  Report on 'Review of Rape Laws' in March, 2000 did not recommend criminalization of marital rape. However, the Justice J.S Verma Committee, while giving its Report on 'Amendments to Criminal Laws'  in  January  2013,  recommended  that  law  ought  to  be  amended  to  delete  the  marital  rape exception. The Department - Related Parliamentary Standing Committee on Home Affairs presented its 167 th  Report on their Criminal Law (Amendment) Bill, 2012 in the Rajya Sabha on 1 st   March, 2013. While giving its report the Department-Related Parliamentary Standing Committee on Home Affairs, inter alia, considered both the 172 nd   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 IPC including the issue of marital rape and observed that if the 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.

The Ministry of Home Affairs has requested the Law Commission to deliberate upon the subject of marital rape during the course of its comprehensive review of Criminal Justice System.

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Annexure referred to in reply to Part (a) of the Lok Sabha Un-Starred Question  No. 369 for 3.2.2017 regarding Criminalization of Marital Rape

## State/UT-wise cases registered under rape (section 376 IPC) in which offenders were relatives of victims during 2013-2015

| SL   | State/UT          |   Rape in which offenders were relatives |   victims |   Rape in which offenders were relatives |   Rape in which Offenders were Live in Partner or Seperated Husband |
|------|-------------------|------------------------------------------|-----------|------------------------------------------|---------------------------------------------------------------------|
| SL   | State/UT          |                                     2013 |      2014 |                                     2015 |                                                                2015 |
| 1    | Andhra Pradesh    |                                      161 |        97 |                                      114 |                                                                  13 |
| 2    | Arunachal Pradesh |                                        6 |         6 |                                       13 |                                                                   1 |
| 3    | Assam             |                                      107 |        53 |                                        2 |                                                                  27 |
| 4    | Bihar             |                                       32 |        84 |                                        0 |                                                                  10 |
| 5    | Chhattisgarh      |                                       85 |       206 |                                      175 |                                                                  10 |
| 6    | Goa               |                                       13 |         9 |                                        9 |                                                                   1 |
| 7    | Gujarat           |                                       61 |       105 |                                       63 |                                                                  12 |
| 8    | Haryana           |                                      111 |       100 |                                      121 |                                                                  21 |
| 9    | Himachal Pradesh  |                                       12 |        45 |                                       26 |                                                                   0 |
| 10   | Jammu & Kashmir   |                                        0 |        27 |                                       16 |                                                                   2 |
| 11   | Jharkhand         |                                      125 |       101 |                                       82 |                                                                   2 |
| 12   | Karnataka         |                                       90 |       194 |                                       67 |                                                                   6 |
| 13   | Kerala            |                                      146 |       158 |                                      208 |                                                                   8 |
| 14   | Madhya Pradesh    |                                      302 |       477 |                                      377 |                                                                 126 |
| 15   | Maharashtra       |                                      281 |       435 |                                      401 |                                                                 134 |
| 16   | Manipur           |                                        2 |         0 |                                        6 |                                                                   1 |
| 17   | Meghalaya         |                                       31 |        10 |                                        7 |                                                                   0 |
| 18   | Mizoram           |                                       14 |        29 |                                       15 |                                                                   0 |
| 19   | Nagaland          |                                        1 |         3 |                                        0 |                                                                   0 |
| 20   | Odisha            |                                       94 |        71 |                                      124 |                                                                  26 |
| 21   | Punjab            |                                       67 |       133 |                                       73 |                                                                   5 |
| 22   | Rajasthan         |                                      307 |       352 |                                      330 |                                                                  23 |
| 23   | Sikkim            |                                        0 |         4 |                                        1 |                                                                   0 |
| 24   | Tamil Nadu        |                                      104 |        85 |                                       46 |                                                                   2 |
| 25   | Telangana         |                                        0 |       103 |                                      201 |                                                                   2 |
| 26   | Tripura           |                                        8 |        10 |                                       19 |                                                                   0 |
| 27   | Uttar Pradesh     |                                      230 |       309 |                                      272 |                                                                 143 |
| 28   | Uttarakhand       |                                       16 |        14 |                                       21 |                                                                   6 |
| 29   | West Bengal       |                                      213 |       173 |                                       60 |                                                                  21 |
| 30   | A & N Islands     |                                        3 |        11 |                                        5 |                                                                   0 |
| 31   | Chandigarh        |                                       10 |         8 |                                       11 |                                                                   0 |
| 32   | D&N Haveli        |                                        0 |         1 |                                        0 |                                                                   2 |
| 33   | Daman & Diu       |                                        0 |         0 |                                        0 |                                                                   0 |
| 34   | Delhi UT          |                                      221 |       443 |                                      299 |                                                                 101 |
| 35   | Lakshadweep       |                                        0 |         0 |                                        0 |                                                                   0 |
| 36   | Puducherry        |                                        1 |         1 |                                        3 |                                                                   0 |
|      | TOTAL             |                                     2854 |      3857 |                                     3167 |                                                                 705 |

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