The Ministry of External Affairs and Ministry of Women and Child Development have reported that UN Committee on Elimination of Discrimination against Women has recommended to India interalia, to criminalise marital rape. The Law Commission of India, while making its 172nd Report on Review of Rape Laws, did not recommend criminalization of marital rape by amending the Exception to Section 375 of the Indian Penal Code and hence presently there is no proposal to bring any amendment to the IPC in this regard.
It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors e.g. level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament, etc.
This was stated by the Minister of State for Home Affairs, Shri Haribhai Parathibhai Chaudhary in a written reply to a question by Smt. Kanimozhi in the Rajya Sabha.