Abstract
Non-consensual sexual contact between a husband and his wife is known as marital rape, and it remains one of the most sensitive and divisive topics in India. With a few exceptions, such where the wife is younger than 18, Indian law now permits husbands to avoid prosecution for raping their wives, in contrast to many other countries where such crimes are illegal. Women’s fundamental rights to equality, dignity, and bodily autonomy are so seriously compromised. This blog explores marital rape, including its legal status in India, societal attitudes, barriers to criminalization, and the urgent need for reform.
Introduction
Marriage in India is frequently seen as a spiritual tie. However, its sacredness should never trump the idea of consent. The premise that a wife’s permission is “permanently granted” after marriage is fundamentally problematic and infringes fundamental human rights.
Current Legal Status in India
Rape is prohibited by Section 375 of the Indian Penal Code (IPC), but Exception 2 provides that “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
In Independent Thought v. Union of India (2017), the Supreme Court interpreted intercourse with a wife under 18 as rape, equating it with the age of consent.
However, marital rape involving adult women is still not considered a crime.
Challenges in Criminalizing Marital Rape
- Cultural Beliefs: Fathers are said to have “conjugal rights” after marriage.
- Legal Concerns: Fears that laws may be abused.
- Social Stigma: Because of shame and pressure from relatives, victims frequently keep quiet.
- Proof and Evidence Problems: It might be challenging to demonstrate non-consent in intimate partnerships.
Why Criminalization is Necessary
Fundamental Rights: Articles 14 (equality), 19 (freedom), and 21 (right to life and dignity) are all violated when marital rape is denied acknowledgment.
- International Standards: Marital rape is illegal in more than 100 nations.
- Mental and Physical Health: Physical injuries, depression, and trauma are experienced by victims.
- Women’s Autonomy: Marriage shouldn’t take away consent.
Judicial & Law Commission Perspectives
Advocates and several High Courts have called for revisions.
- The government rejected the 2013 Justice Verma Committee’s recommendation to make marital rape a crime, citing “social realities.”
- The exclusion provision is still being challenged in ongoing legal petitions.
Way Forward
- Legislative Reform: Section 375 IPC is amended to eliminate the exception for marital rape.
- Awareness Campaigns: Teaching people about their rights and consent.
- Support Systems: Safe havens for victims, legal assistance, and counseling.
- Balancing Safeguard: Preventing abuse while maintaining protection.
Conclusion
Marriage is not an excuse for disregarding consent. The goal of making marital rape a crime is to protect women’s equality, justice, and dignity, not to undermine family values. In the same institution that is supposed to protect them, millions of women will remain unprotected until India takes this important step.
FAQs on Marital Rape in India
Q1: Is rape in marriage illegal in India?
If the wife is older than eighteen, marital rape is currently not considered a felony
Q2: Why does India not have a law against marital rape?
due to concerns about legal abuse and cultural, legal, and political considerations that view marriage as conferring perpetual sexual consent.
Q3: What are the effects of marital rape on women?
It results in significant psychological stress, bodily injury, anxiety, sadness, and a loss of self-respect.
Q4: What is the judiciary’s position on rape in marriage?
Even though the Supreme Court has recognized how serious it is, the legislation still has the exemption. There are cases pending in a few High Courts on this subject.
5. Are marital rapes recognized in other countries?
Yes. The USA, UK, Canada, and several Asian countries are among the more than 100 that have made marital rape a crime. Question
6: How can the law be changed?
Marital rape may become a crime if the IPC is amended, judges step in, and public awareness grows.
Author Name: Anshita Sharma, Lords University, Alwar
