Lok Sabha Question No. 6572 (UNSTARRED), answered on 2018-04-06
Subject: Spousal Violence against Women
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: SRIRAM MALYADRI

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.6572

TO BE ANSWERED ON 06.04.2018

## SPOUSAL VIOLENCE AGAINST WOMEN

## 6572. SHRI MALYADRI SRIRAM:

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

- (a) whether  the  Government  is  aware  that  a  high  percentage  of  married  women  experienced spousal violence during pregnancy as per the National Family Health Survey-4 (2015-16);
- (b) if so, the details thereof along with the measures taken by the Government to address this issue;
- (c) the views of the Government on spousal intimate violence qualifying as marital rape; and
- (d) the measures, if any, taken by the Government to address marital rape?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI MANEKA SANJAY GANDHI)

- (a) to (d) :   As  per  the  National  Family  Health  Survey  (NFHS  4)  (2015-16),  3.3%  women  have experiences violence during pregnancy.

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, in which it 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 issue of marital rape and observed that is 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 the Criminal Justice System.

Despite no explicit law addressing marital rape, there are measures for women to access justice.  Section  498A  of  IPC  addresses  physical  and  mental  cruelty  by  husband  which  may include  sexual  cruelty  as  well.  The  Protection  of  Women  from  Domestic  Violence  Act,  2005 offers a civil remedy to women facing violence from their husbands.

The  Government  has  initiated  the  181  women  helpline  to  provide  24x7  assistance  to women, including those facing violence. This helpline is currently available in 29 States/UTs. Further, 170 One Stop Centres have been set up across the country which are providing one stop convergent support  to  women  facing  violence.  One Stop  Centres  provide  medical,  police  and legal aid, psycho-social counselling and temporary shelter to women, which is essential support to women facing spousal violence.

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