The Indian government has said the concept of marital rape “cannot be applied in the Indian context”, despite laying out plans to introduce legislation to criminalise it last year.

Maneka Gandhi, Minister for Women and Child Development in India, said in a written statement on Thursday that marital rape could not be criminalised in India because of factors including “level of education and illiteracy, poverty, social customs and religious beliefs”.

She added that it was due to the “mindset of society to treat the marriage as a sacrament”.

In December 2015 the Indian government laid out plans to introduce “comprehensive” legislation to criminalise marital rape.

But the minister of state for home affairs stated at the time that the government would wait for a Committee Report to offer “appropriate suggestions” before any action could be taken.

Ms Gandhi's claim that marital rape cannot be applied in the India is a reiteration of a statement made by the Home Affairs Minister in response to calls from the United Nations to criminalise rape within marriage in May 2015.

Under current Indian law (Section 375 of India’s Penal Code 1860), “sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape”.

According to the United Nations Population Fun, 75 per cent of men in India expect their wives to agree to sex.

India protests against sexual violence Show all 20 1 /20 India protests against sexual violence India protests against sexual violence April 2015 School girls wear black bands on their faces during a protest rally against the rape case of a 16-year-old girl at Dhupguri town in the eastern Indian state of West Bengal Reuters India protests against sexual violence March 2015 Students of Convent of Jesus and Mary School participate in a protest against the alleged gang rape of a nun in her 70s AP India protests against sexual violence March 2015 Official figures for the number of women raped in India are often disputed by Women's Rights experts who claim the numbers are far higher SAJJAD HUSSAIN/AFP/Getty Images India protests against sexual violence March 2015 Women protest after the horrific rape and murder of Jyoti Singh in India BBC India protests against sexual violence June 2014 Women in India protest against rape and other attacks on women and girls in the country AP India protests against sexual violence June 2014 Indian activists from the Social Unity Center of India (SUCI) shout slogans against the state government in protest against the gang rape and murder of two girls in the district of Badaun in the northern state of Uttar Pradesh and recent rapes in the eastern state of West Bengal, in Kolkata AFP/Getty India protests against sexual violence June 2014 Supporters of Bharatiya Janata Party (BJP) were protesting against the rape and hanging of two girls Reuters India protests against sexual violence May 2014 Members of Jawaharlal Nehru University Students Union shout slogans during a protest against a gang rape of two teenage girls in Katra village, outside the Uttar Pradesh state house, in New Delhi. A top government official said the northern Uttar Pradesh state has sacked two police officers who failed to respond to a complaint by the father of the two teenage girls who went missing and were later found gang raped and killed. The placard at right reads, "Punish the culprits of gang-rape and murder of two Dalit girls" AP Photo/Manish Swarup India protests against sexual violence January 2014 Student protesters outside a Suri hospital where a rape victim is being treated Andrew Buncombe India protests against sexual violence January 2014 West Bengal Women's Forum activists walk a protest rally against a rape case in Calcutta, eastern India. A young girl was gang-raped on October 25 and afterwards repeatedly threatened by the accused, following which the disturbed girl set herself on fire December 23. She was admitted to the hospital with 40 percent burns and finally succumbed to her burn injuries on 31 December EPA India protests against sexual violence August 2013 Republican Party of India supporters protest in Mumbai against the rape of a female photographer Reuters India protests against sexual violence May 2013 Indian demonstrators shout slogans at the police during a protest calling for better safety for women AFP/Getty Images India protests against sexual violence April 2013 An Indian woman holds a poster as she protests with others against how Indian authorities handle sex crimes near the Parliament in New Delhi, after a second suspect was arrested in the rape of a 5-year-old girl. Child rights activists say the rape of the girl is just the latest case in which Indian police failed to take urgent action on a report of a missing child. Three days after the attack, the girl was found alone in locked room in the same New Delhi building where her family lives AP India protests against sexual violence March 2013 Indians protests against all-too-common gang-rapes in their country Getty Images India protests against sexual violence January 2013 Indian students of various organisations hold placards as they shout slogans during a demonstration in Hyderabad Getty Images India protests against sexual violence January 2013 A protester chants slogans as she braces herself against the spray fired from police water canons during a protest against the Indian government's reaction to recent rape incidents in India, in front of India Gate on December 23, 2012 in New Delhi Getty Images India protests against sexual violence January 2013 Indian children paint messages during a gathering to mourn the death of the 23-year old rape victim. Her statement was used in the trial AP India protests against sexual violence January 2013 Indians hold a candlelight vigil in Delhi in memory of a gang-rape victim. Five men have been charged with murder AP India protests against sexual violence December 2012 Indian protesters are escorted by police as they demonstrate against the brutal gang-rape of a woman AP India protests against sexual violence December 2012 Indian protesters destroy a police van during a violent demonstration near the India Gate against a gang rape and brutal beating of a 23-year-old student on a bus AP

Multiple Indian administrations have declined to amend the country’s rape law despite directives to do so by the judiciary, as well as international organisations and women's rights groups in the country.

The campaign for criminalising sexual assault in India has faced opposition from men’s rights activists and traditionalists who see it as an attempt to undermine the legal provisions of “vulnerable men”.