Recognise marital rape, trump triple talaq with equality: NCW

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Press Trust of India New Delhi
Last Updated : Jul 15 2016 | 8:28 PM IST
The National Commission for Women has suggested the Women and Child Development Ministry to recognise marital rape under the law and address the issue of triple talaq based on the principle of gender equality.
The NCW made the suggestions to the WCD Ministry earlier this week as part of its recommendations to the Draft National Policy for Women.
"Marital rape should be recognised under the law. There is a need to address the issue of women survivors of marital rape by giving them necessary assistance," the NCW's recommendation to the WCD Ministry says.
On the controversial issue of triple talaq, the NCW has suggested the need for personal laws to be reformed based on the principle of gender equality.
On the issue, the current draft policy states, "given the plurality of the personal laws, a review is required."
The NCW recommendation acknowledges the plurality in personal laws, but says the "basic problem is not plurality as such but the fact that all personal laws foster gender- inequality in one form or another".
"Uniformity cannot be the answer to this problem. Encouragement to promote reforms based on gender equality within personal laws of different kinds could be a more acceptable solution," it argues.
WCD Minister Maneka Gandhi has been distancing herself from both the issues.
Earlier a controversy had erupted, when her ministry, in reply to a question in Rajya Sabha, said the concept of marital rape "cannot be suitably applied in the Indian context" because marriage is considered a "sacrament".
The reply was later retracted.
Later, at an event she had said, "I can have a law on marital rape but women will not complain."
She had suggested if women complain then the ministry can think of building upon the Domestic Violence Act 2015.
On the triple talaq issue, while the NCW is a respondent in a case in the Supreme Court, Gandhi has maintained silence.
The Draft National Policy for Women was released in May following which the NCW conducted five regional consultations and then submitted its recommendations on the basis of these discussions.
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First Published: Jul 15 2016 | 8:28 PM IST