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The answer given by Women and Child Development Minister Maneka Gandhi in Rajya Sabha on 10 March on the question of whether the government has plans to criminalize marital rape, is a word-to-word copy of the answer given by Minister of State for Home Affairs Haribhai Parathibhai Chaudhary in Rajya Sabha in April 2015. Essentially, the government is saying, "You are not allowed to rape strangers, but if you really need sex, go home and rape your wife."
Sixteen years have passed since the alleged torture death of Captain Saurabh Kalia at the hands of Pakistani soldiers during the Kargil War of 1999. Kalia's father has garnered tremendous support for his online petition urging the Indian government to take the case to the International Court of Justice (ICJ). So far, though, the government has refused to budge, stating that such a move would be "impractical". Here I will attempt to succinctly provide an overview of international law as it applies in this case, as well as its limitations.