Published on 9th March 2025
Authored By: MANTASHA KHAN
Shree L.R. Tiwari college of law
Introduction
In Indian society, marital rape—a horrific affront to a woman’s bodily autonomy and dignity—remains a widespread but mostly unseen problem. Often hailed as a sacred institution, marriage’s sanctity is used as an excuse to oppress and take advantage of women.
Despite its stated dedication to protecting women’s rights, the Indian judicial system conspicuously ignores marital rape as a separate offense. Sexual relations between a husband and wife are not considered rape, even if the wife gives her agreement, according to the exemption to Section 375 of the Indian Penal Code (IPC), which defines rape. This exemption upholds the idea that a wife has no control over her own body and that it belongs to her husband.
The ramifications of this legal gap are extensive. Victims of marital rape are not given justice, and those who commit the crime are given more confidence to abuse others. A culture of impunity is maintained by the underreporting and prosecution of marital rape cases, which permits the violence to go unpunished.
Moreover, marital rape is not included in the IPC’s limited definition of rape. The idea of informed and enthusiastic consent is ignored by the law, which presumes that a wife’s assent is implicit in marriage. The reality of marital rape and its terrible effects on survivors are disregarded by this antiquated idea. Reform is necessary to solve this pressing problem. The exception to Section 375 must be removed, and the IPC must be changed to define marital rape as a kind of rape.
Legislation based on consent must be passed, emphasizing the need of willing and informed consent in all sexual interactions, including marriage. Survivors of marital rape must also receive safety and support services. To assist survivors in navigating the intricate and frequently frightening judicial system, safe shelters, counselling, and legal aid must be made available.
Marital rape is a grave human rights abuse that needs to be addressed immediately away and changed by legislation. The Indian government must prioritize consent, make significant changes to the IPC, and offer survivors support and protection. Only then can we establish a society in which each person is entitled to autonomy, dignity, and consent.
India’s legal framework on marital rape
Indian society is still plagued by the horrible crime of marital rape, which exposes innumerable women to torture and exploitation. Despite its stated dedication to protecting women’s rights, the Indian judicial system conspicuously ignores marital rape as a separate offense. A culture of impunity is maintained by this flagrant omission, which permits offenders to behave carelessly while sufferers are left to endure suffering in quiet.
Sexual relations between a husband and wife are not considered rape, even if the wife gives her agreement, according to the exemption to Section 375 of the Indian Penal Code (IPC), which defines rape. This exemption upholds the idea that a wife has no control over her own body and that it belongs to her husband. The reality of marital rape and its terrible effects on survivors are disregarded by this antiquated idea.
Marital rape has terrible and far-reaching effects. Survivors frequently experience psychological distress, emotional suffering, and bodily injuries. A culture of impunity is maintained by the underreporting and prosecution of marital rape cases, which permits the violence to go unpunished. In addition, the IPC’s definition of rape is limited, excluding marital rape and disregarding the idea of willing and informed consent.
Reform is necessary to solve this pressing problem. The exception to Section 375 must be removed, and the IPC must be changed to define marital rape as a kind of rape. Legislation based on consent must be passed, emphasizing the need of willing and informed consent in all sexual interactions, including marriage. Additionally, survivors of marital rape must get protection and support services, such as counselling, secure shelters, and legal assistance.
Marital rape is a grave human rights abuse that needs to be addressed immediately away and changed by legislation. The Indian government must prioritize consent, make significant changes to the IPC, and offer survivors support and protection. Only then can we establish a society in which each person is entitled to autonomy, dignity, and consent.
Legal gaps
The Indian Legal System’s Approach to Marital Rape
The inadequate and unclear response of the Indian judicial system to marital rape has drawn criticism. The Indian Penal Code (IPC) does not specifically punish marital rape, despite the fact that it is increasingly acknowledged as a grave human rights violation. This essay looks at India’s current marital rape laws, pointing out their shortcomings and the need for change.
Marital rape is excluded by an exception in the Indian Penal Code, which defines rape under Section 375. According to this exemption, a husband and wife having sex is not rape, even if the wife gives her consent. This provision perpetuates the notion that a wife’s consent is implicit in marriage, disregarding the concept of informed and enthusiastic consent. Furthermore, the IPC’s definition of rape is narrow and excludes marital rape, ignoring the reality of non-consensual sex within marriage.
The Protection of Women from Domestic Violence Act (PWDVA), 2005, while not specifically addressing marital rape, recognizes sexual abuse as a form of domestic violence. However, the PWDVA’s provisions are limited, and it does not provide adequate protection or recourse for marital rape survivors. The Indian Evidence Act, 1872, also has limitations, as it does not explicitly recognize marital rape as a crime.
The problem of marital rape has been attempted to be addressed by judicial precedents, with varying degrees of success. The Supreme Court ruled in State of Maharashtra v. Madhukar Narayan Mardikar (1991) that a husband’s forced sexual relations with his wife is a kind of marital rape. However, the courts have frequently refused to acknowledge marital rape as a crime, and this rule has not been applied consistently.
Addressing marital rape is also emphasized by India’s international commitments. India is required to eradicate discrimination against women, including in the context of marriage and family relationships, as a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
India’s laws pertaining to marital rape are insufficient and need to be changed. The exception to Section 375 must be removed, and the IPC must be changed to specifically make marital rape a crime. In order to give survivors of marital rape proper protection and recourse, the PWDVA and other pertinent laws must also be reinforced. India can only guarantee that marital rape is acknowledged and dealt with as a grave human rights violation by implementing extensive legal change.
The necessity of reform
India’s current marital rape laws are dreadfully insufficient, and reform is necessary to solve this pressing problem. The Indian government has to take decisive action to recognize marital rape as a separate crime and change the Indian Penal Code (IPC).
First and foremost, the IPC’s Section 375 exception—which says that a husband and wife’s sexual relations are not rape—must be removed. By ignoring the idea of informed and passionate agreement, this exemption upholds the idea that a wife’s permission is implied in marriage.
Second, the definition of rape in the IPC needs to be changed to include marital rape. This would guarantee that those who commit marital rape are held responsible and that it is acknowledged as a serious crime.
Thirdly, in order to give survivors of marital rape proper protection and redress, the Protection of Women from Domestic Violence Act (PWDVA), 2005, needs to be reinforced. This entails offering survivors counselling, safe havens, and legal assistance.
Finally, more education and understanding on marital rape, its repercussions, and the legal options available are required. Campaigns for public awareness, educational activities, and community outreach can all help achieve this.
To safeguard the rights and dignity of Indian women, it is imperative that the laws pertaining to marital rape be changed. To solve this pressing issue and guarantee that marital rape is acknowledged and dealt with as a grave human rights violation, the Indian government must act right away.
Conclusion
Millions of Indian women are victims of marital rape, a grave violation of their human rights. The idea that a wife’s agreement is implied in marriage is maintained by the exception to Section 375 of the Indian Penal Code, and the current legal structure around marital rape is insufficient. A culture of impunity is maintained by the under recognition and prosecution of marital rape cases, which permits offenders to act carelessly.
Reform is necessary to solve this pressing problem. In order to acknowledge marital rape as a separate crime, change the Indian Penal Code, and give survivors proper protection and redress, the Indian government must act decisively. It is also essential to raise awareness and educate people about marital rape, its repercussions, and the legal options available.
In the end, a fundamental change in society attitudes and customs is necessary to acknowledge and handle marital rape as a grave human rights violation. It entails recognizing women’s autonomy, dignity, and bodily integrity as well as the fact that marriage does not imply consent. India can only guarantee the eradication of marital rape and the freedom of women from violence and terror by implementing extensive legal reform and altering societal perceptions.
References
- National Crime Records Bureau (NCRB). (2020). Crime in India.
- Bhatia, N. (2017). “Marital Rape in India: A Critical Analysis of the Law.” Journal of Indian Law Institute, 59(2), 151-170.
- Indian Penal Code (IPC), 1860.
