Author: Shivani Kushwaha

Marital rape is a rape within a marriage, where consent to sexual intercoruse is not given . according to wikipedia, which defines it rather succinctly, marital rape also known as spouse rape, is non consensual sex in which the perpetrator is the victims spouse.Marital Rape in India is an issue that people are talking about.The problem is that the law in India says that a husband cannot rape his wife. 

Many countries have changed their laws to say that a husband cannot rape his wife. India has not changed its law yet.This is a problem because it means that women who are married are not protected from rape.The law in India says that everyone is equal and should be treated the same. This rule about marital rape is not fair to women. According to the UN fund, more than two third of married women in india, aged 15 to 49, have been beaten,or forced to provide sex.

According to the national family health survey (NFHS-5), around 30% of married women have experienced spousal violence, yet marital rape is still legally exempt. This raises serious concerns about women’s rights and equality under the law.

Some people think that changing the law will cause problems in marriages. Or effect there sacraments. Others think that it is very important to protect women from rape even if they are married.The Supreme Court of India is going to make a decision about this issue.It is very important that the court makes a decision that protects womens rights.Marital Rape in India is an important issue that needs to be talked about.The law needs to be changed so that women are protected from rape no matter what.This is not a problem for women it is a problem for everyone.We need to make sure that the law is fair and protects everyones rights.The issue of Rape in India is very complicated.There are different opinions about what the law should say. Some people think that the law should be changed to protect womens rights.Others think that the law should stay the same to protect marriages. Under given bhartiya nyaya sanhita includes a marital rape exemption in section 63, which states that sexual acts between a man and his wife are not consisdered rape if the wife is at least 18 years old. As following law article 14 the non criminalization of marital rape violates the principle of equality, treating married women differently from unmarried women.

The Supreme Court of India will have to make a decision that takes into account all of these opinions.It is very important that the court makes a decision that’s fair and just.The decision that the court makes will have an impact on the lives of many women in India. Even in the given Constitution clearly violating article 21 it disregards a women’s right to personal liberty and bodily autonomy.

Marital  Rape in India is a problem that needs to be solved.We need to work to make sure that the law is changed to protect women’s rights. There is contradiction as well with POCSO in marital rape is criminalised if the wife is under 18,but similar protections are not extended to adult women. 

The issue of Rape in India is very complicated.There are different opinions about what the law should say. Some people think that the law should be changed to protect womens rights.

Others think that the law should stay the same to protect marriages.The Supreme Court of India will have to make a decision that takes into account all of these opinions.It is very important that the court makes a decision that’s fair and just.The law should focus on the rights of the women’s who are suffering from marital rape. There are social implications of legal exemption for marital rape.

• patriarchal- the legal exemption reinforces patriarchal belief that a wife is the husband’s property.
• Stigma- marital rape big things often face social stigma and our discouraged to from speaking out leading to the under reporting. 
• Mental health- prolonging the section violence within marriage can lead to severe mental trauma including depression and anxiety. 
• women’s rights and dignity- non recognition of marital rape undermines women’s right to dignity and equality in marriage. 
• Lack of legal records- women have limited options first seeking justice leading to feelings of helplessness and insecurity.

Now we will highlights about arguments for criminalisation of marital rape ensuring gender equality criminalising marital rape would uphold women’s right to equality and that’s the bodily autonomy bringing India in line with Global standard isn’t it mean everything protecting Human Rights in the United Nations and other International bodies recommend the criminalization of marital rape as a fundamental human right and that is where really really important for the India on the Global presidents it is mentioned that countries like the UK Canada and Australia have already criminalised marital rape but yet not India why strengthening loss criminalization would fill gaps in existing laws such as the domestic violence act providing comprehensive protection reducing spousal abuse recognising marital rape would deter abusive spouses.

Now let’s talk about the arguments against criminalization of marital tray it is mentioned that potential for miss use in criminalising marital rape could lead to false acquisitions and misuse of the law which is really common in India ,crime in India report mentioned into 2020 that 8% of all cases reported for rape were found to be false so there is no credibility of found marital rape to be true the impact on marriage criminalization could marriages and lead to an increase in divorce rate in India some existing laws some argue that loss like the protection of women from domestic violence at pwdba has provisions to ensure women like in violence free homes already addresses the issue it is very difficult in provey that proving marital rape in a Court of law could be challenging due to the private nature of the crime because nobody can found it the evidences are true or not culture and social factors we can see that resistance to criminalising marital rape is partially rooted in culture and religious belief about marriages and marital rape is broadly considered a Western construct.

A private members bill in the Lok Sabha to remove the marital rape exception in criminal law the act of sexual intercourse with ones is spouse without the spouse consent usually done to a wife or women by her husband it is also referred to as is spousal’s Ray which is not a crime in India but it should be National family health survey in 2019 to 2021 it found that approximately 6% of ever married women aged 18 to 49 in India reported having experienced sexual violence by their husbands and they didn’t even complaint about that because it is not legalize in India the survey also indicated that nearly one in three women had experienced to some form of spouseal physical or sexual violence but they are not containing because of the culture contains in India the culture India follows the provisions related to marital rape section three of BNS 2023 section 375 of the IPC marital rape is not a specific criminal offence under the Indian Penal Code if  the wife is over 18 years of age the next provision is protection of women from domestic violence act 2005 marital rape is treated as a form of domestic violence and prescribe lighter penalty compared to non marital rape some legal provisions that guaranteed women’s right are provisions that guaranted women the fundamental rights to dignity Liberty safety etc are under article 14, 15, 19 and 21 as we can also see a case the name of the case is justice Verma committee report 2013 it is said that the committee explicitly called for the removal of the marital rape exception in IPC section 375 and the commity are give that the marriage cannot be a license to violet a women’s body integrity but India raified the convention on the elimination of all forms of discrimination against women in 1993 committing to eliminate descriptive discrimination against women in law policy and practice some related judgements as we can see independent thought was is Union of India 75 in that case Supreme Court rule that sexual intercourse with the wife under the age of 18 constitutes Ray there by striking down the marital exception in IPC section 375 for minor wife ine Joseph versus Union of India 2018 the supreme court decriminalise adultery holding that a wife because not for peat her individuality or constitutional rights upon entering marriage and some other relevant High Court case this name that X versus state of Uttrakhand 2024 addressed marital rape elgation in the context of credit under IPC section 498A the second case is Manish Sahu was a state of Madhya Pradesh 2024 examines post sex with in marriage under domestic violence frameworks.

The challenge to the marital rape exception, as discussed in the SCOT Case: Challenge to the Marital Rape Exception, highlights the urgent need to reconcile traditional marital norms with contemporary constitutional values. Historically, the law presumed irrevocable consent within marriage, leaving married women vulnerable to sexual violence. This case demonstrates that such assumptions are increasingly incompatible with principles of equality, personal liberty, and bodily autonomy.

Judicial scrutiny in this matter underscores the importance of recognizing that marriage cannot justify or shield acts of violence. While legislative reform is essential to formally remove the exception, the case also points to the need for broader societal awareness and institutional mechanisms to protect women’s rights within marriage. 

Ultimately, addressing the marital rape exception, as emphasized by this landmark challenge, is a crucial step toward ensuring justice, dignity, and equality for all individuals, irrespective of marital status.