Marital rape in India

Rape is the unlawful intercourse without the consent, whether owing to bodily desire or hazards, or due to the perpetuator’s dishonest display.In India rape is punishable under section 375 and 376.How often we listen or see this term marital rapes. Marital rape is when a husband has sex with his better half without her consent or under duress.Marital  rape is a sign of domestic violence which is not completely criminalised in India or we can say that there is no conviction for marital rapes.It is because of the patriarchal nature of our India society,who  always seen women as the property of their significant others or guardians. As a result, rape was seen as a robbery of women as well as a crime against a spouse or guardian.But the religious system is the main reason which influenced the legislators  to dismiss the crime of marital rape by granting it the shield of the spouse’s wedding right, allowing them to remain silent,accepting the fact that ladies are nothing more than a protest of her better half’s sexual fulfilment, with little control over her own desire. This court ruled out the ladies’ right to equality and consistency.


“Sexual relations by a man with his own wife, the wife to not be under fifteen years of age, isn’t really rape,” according to Section 375 exemption 2. Which Implies that Marital Rape cases Are Still not illegal in India. In India, laws against marital rape are either non-existent or obscure, relying on the perception of the courts.As a result, marital rape is only considered a rape if the spouse is under the age of 15, and the severity of penalty is reduced. But after age of 15, the wife has no legal security, which is against human rights principles. The Safety of Women from Domestic Violence Act of 2005, which considers marital rape to be a type of local violence, was passed in 2005. A woman can go to court and seek legal separation from her spouse for marital rape under this Act. Marital rape is irrational: a lady’s body is raped, and her affection and trust are harmed as a result, driving her into a state of instability and terror. At the sacred place of marriage, she relinquishes her human rights.


Permitting non-consensual relations in a marriage is a full breach of a woman’s dignity and right to her body. Rape is a crime of such seriousness that it affects not just a woman’s normal rights, but also her fundamental rights. The idea of marital rape extends further than values of Article 21’s right to live with dignity; it also infringes on the victim’s right to good health. (Because it’s an element of art 21). It also infringes Article 14 since it discriminates against unmarried women and denies them equal protection. The marital rape exception breaches a married woman’s right to privacy by discriminating against rape within a marriage.

Husbands and wives now have separate and independent legal identities under Law in india, and much current jurisprudence is expressly focused with women’s welfare.


As a result, it is the right time for the government to recognise this legal flaw and eliminate Section 375 (Exception 2) of the IPC, bringing marital rape under the scope of rape legislation.

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