The Centre told the House on Friday that it will bring a comprehensive law to criminalise marita rape by amending the Indian Penal Code and that it is awaiting the Law Commis sion report on the issue.“The issue of marital rape is very complicated and it is very difficult to explain and describe it. These are o extreme private nature and no records of any consent are available. The matter has been dealt with in detail by a parliamentary committee as well as the Law Commission,“ minister of state for home af fairs Kiren Rijiju said in the Rajya Sabha while replying to a debate on a private mem ber’s bill. He said the parliamentary committee, in its report, has recommended the need for a comprehensive review of the criminal system of law. “To move piecemeal is not right.We have asked for comprehensive review and Law Commission also took up the matter. We are awaiting the report and we want it to come early,“ the minister said.
Rijiju added that the Law Commission “is very much in sync with us and sentiments of this House“ and the govern ment is not opposed to the idea mooted by member Avinash Pande of Congress in the private member bill -`The Indian Penal Code (Amendment) Bill, 2014′. He asked Pande to withdraw the bill, who then proceeded to do so.
The minister said there is a specific clause under Section 498A which already deals with cruelty against women.“It is a very specific provision… we should wait for the comprehensive report which we are waiting from the Law Commission. We are expecting that the report will come as soon as possible,“ he said.
RS deputy chairman P J Kurien said, “If you think rape by a husband is a crime, then why should the government wait for the report?
Rape is a crime, you accept it; whether it is rape by husband or any other person, it is equally a crime. But then why do you wait for the report?“ Rijiju said that on July 6, 2010, then home minister in consultation with the law ministry made a request to the Law Commission to examine and give a comprehensive report covering all aspects of the criminal law so that comprehensive amendments can be made in various laws, especially in the IPC, CrPC as well as the Indian Evidence Act.