Q. With reference to Marital rape in India, consider the following statements.
1. At present, there is no law penalizing Marital rape in India.
2. So far, no official committee has recommended the government to make Marital rape illegal.
Which of the statements given above is/are correct?
India is one of the countries where marital rape is yet to be even recognized. At present, there is no law penalizing Marital rape in India. (Statement 1 is correct)
Exception 2 to Section 375: This section provides that sexual intercourse by a man with his own wife (provided that wife is over the age of 18) would not amount to the offence of rape.
Independent Thought v. Union of India (2017) case: In this case, the SC has criminalised sexual intercourse with a minor wife aged between 15 and 18 years. In this case, the Court restricted marital rape cases to minors to bring parity between IPC and POCSO 2012.
Justice Verma Committee was constituted in 2012 with an objective to strengthen the anti-rape laws in the country. The committee strongly recommended that the exception for marital rape be removed. (Statement 2 is incorrect)