Marital Rape in India

In a nation that takes great pride in its moral principles, familial ties, and cultural legacy, India nevertheless struggles to acknowledge a very unsettling and sometimes disregarded reality: marital rape. One of the few democracies in which marital rape is not illegal is India, despite improvements in women’s rights and legal protections around the world. Many women are stuck in violent situations with no way to get justice because of this legal void.^[1]  

WHAT IS MARITAL RAPE?

Non-consensual sex with the victim’s spouse as the perpetrator is known as marital rape. a clear violation of human rights as well as a kind of sexual violence. Any sexual connection must be based on consent, and marriage shouldn’t be an excuse to violate one’s own body autonomy.

THE LEGAL STANDPOINT IN INDIA

Although rape is illegal under statute 375 of the Indian Penal Code (IPC), “sexual intercourse by a guy with his own wife, provided that the woman is not younger than fifteen,” according to Exception 2 of the statute.^[2] Married women are denied the same legal protections as other rape victims because of this clause, which essentially legalizes non-consensual sex within marriage.

Even though there have been some improvements, such the Protection of Women from Domestic Violence Act of 2005,^[3] marital rape is not officially made a crime. Unless the marriage is dissolved or the woman is separated, women cannot have their violent husbands prosecuted for rape, but they can seek protection, support, and residency rights.

SOCIAL STIGMA & SILENCE

One of the main causes of India’s continued inaction on marital rape is the the ingrained patriarchal mentality that views women as their husbands’ property is one of the key causes of the lack of action taken against marital rape in India. It’s a prevalent misperception that a husband in a marriage has the right to have sex with his wife without her agreement. Women who speak up are often criticized, shamed, or disbelieved.

Fear of losing one’s home, children, social status, or encountering criticism from family and another factor contributing to the silence surrounding marital rape is society. For the honor of

the family and marital responsibility, many women are conditioned to put up with this kind of violence.^[4]

PSYCHOLOGICAL & PHYSICAL IMPACT

The consequences of marital rape are severe. Suicidal thoughts, PTSD, anxiety, and sadness are common among victims. Physically, it may result in sexually transmitted illnesses, injuries, and unintended pregnancies. When victims are unable to pursue justice because of legal loopholes that shield their abuser, the suffering is exacerbated.^[5]

ARGUMENTS AGAINST CRIMINALISATION

Opponents argue that making marital rape a crime will “destabilize the institution of marriage” and lead to baseless charges. Such arguments, however, reveal a hesitancy to accept women as equal spouses. Marriage ought to be a partnership founded on consent and respect for one another, not a cover for abuse and violence.^[6]

Real victims cannot be denied justice because of a fear of abuse. All types of laws, such as those pertaining to theft, dowries, and murder, contain false reporting, but this hasn’t resulted in their repeal.

GLOBAL PERSPECTIVES

The United States, the United Kingdom, France, Nepal, and more than 100 other nations have made marital rape a crime.^[7] India stands out negatively in the global human rights conversation because it refuses to do so. It is imperative that the nation respects the dignity of all of its citizens and harmonizes its laws with international norms.

RECENT DEVELOPMENTS

The problem has been the subject of growing public discussion in recent years. Petitioners have petitioned courts to do away with the marital rape exception.^[8] The Delhi High Court’s 2022

divided decision on the issue illustrates how difficult it is to amend long-standing laws.^[9] The Supreme Court is currently considering the case, and campaigners are still calling for reform and justice.

However, legal reform and social change must coexist. For society, the courts, and the police, gender-sensitive training, education, and awareness campaigns are essential. Women must be encouraged to speak up without shame or fear and given the tools to identify abuse.

CONCLUSION

One glaring example of the injustice that still exists in Indian society is marital rape. Ignoring it is both a moral and legal crime. No matter a person’s marital status, their consent must be universal, unconditional, and honored. India will continue to fail its women and maintain a system that accepts violence within the very institution that is supposed to offer protection and love as long as it is not illegal to rape a spouse. The time has come for action. Millions of Indian women still cannot access justice. Delaying justice equates to denying it.

[1] See Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.

[2] Indian Penal Code S. 375, Exception 2, No. 45 of 1860.

[3] The Protection of Women from Domestic Violence Act, No. 43 of 2005, INDIA PENAL CODE.

[4] Law Commission of India, Consultation Paper on Reform of Family Law (2018), https://lawcommissionofindia.nic.in/reports/CPonReformFamilyLaw.pdf.

[5] National Family Health Survey-5 (2019–21), MINISTRY OF HEALTH & FAMILY WELFARE, GOVT OF INDIA.

[6] Independent Thought v. Union of India, (2017) 10 SCC 800 (India).

[7] Centre for Social Research, Marital Rape – Study of the Indian Legal Scenario (2013), https://www.csrindia.org.

[8] United Nations Department of Economic and Social Affairs, Handbook for Legislation on Violence against Women, U.N. Doc. ST/ESA/329 (2010).

[9] RIT Foundation & Anr. v. Union of India, W.P.(C) 284/2015 (Delhi High Court).