To condemn every marriage as violent and every man a rapist not advisable: Smriti Irani on marital rape

The government's endeavour, she said, is to protect women in this country in collaboration with state governments

Women and Child Development Minister Smriti Irani on Monday, in the debate over criminalising marital rape, said the government is committed to protecting women, but to condemn every marriage as violent and every man a rapist was not advisable.

Irani made the remarks in Rajya Sabha during Question Hour following a query raised by CPI floor leader Binoy Viswam raised the issue of "sexual violence within marriages" and asked whether the government has taken note of the contradictions in the Domestic Violence Act and the exemption for husbands in IPC section related to rape.

"....let me say, to condemn every marriage in this country as a violent marriage, and to condemn every man in this country as a rapist is not advisable in this august house," Irani said, remarks which were countered by Viswam who said he did not say or mean that every man is a rapist.

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"This is not a place to call every man a rapist, which I never meant, but a man who raped his wife is a rapist," Viswam said.

She also said that Rule 47 of the procedures in the Rajya Sabha disallows elaboration on a subject that is currently sub judice. Delhi High Court is presently hearing a batch of petitions seeking criminalisation of marital rape.

To another question posed by Viswam on whether the government could collect data on this issue and submit it to Parliament at the earliest, Irani said the MP was making a suggestion that the Centre engage with state governments but as a representative of the Centre, she cannot make a recommendation on behalf of state governments.

Senior BJP MP Sushil Modi asked whether the government was in favour of criminalisting marital rape or giving immunity as criminalising it will end the institution of marriage. He also said it was difficult to prove whether there was consent given by the wife.

Also Read | Centre may clarify in HC if it wishes to withdraw stand opposing pleas to criminalise marital rape

Irani repeated that she cannot comment on the issue which is sub judice but highlighted that the issue finds a reflection in the 172nd report of the Law Commission and also the department of standing committee related to home affairs in 2013.

To DMK MP M Mohamed Abdulla's question on whether the government is taking measures to create awareness on domestic violence at the school and college levels, the minister referred to 'Beti Bachao Beti Padhao' programme.

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