Marital Rape in India: The Consequences Of Its Criminalisation, Social And Cultural Impact

In India marriage is considered to be a sacred union of two people. The institution of marriage is sacramental, but under the disguise of this sacred institution, an evil of Marital rape is committed. Marital rape means forceful sex by the husband without the consent of the wife. The Indian penal code 1860 does not recognise marital rape as a crime because of many reasons one of the grounds given by the Indian legislature while trying not to criminalise marital rape would be an irrefutable implied consent given when the spouse has entered in to institute of marriage and non-interference of criminal laws in to the sphere of personal laws. A marital rape victim undergoes physical agony such as damage of private parts as well as psychological which includes suicidal thoughts and depression. Marital rape is violation of article 14 and 21 of a woman, due to non-criminalisation of marital rape it violates F.R of a woman and the woman does not have any remedy to look for when she is raped by her husband. The exception of sec 375 IPC wherein “sexual intercourse of man on his own wife, the wife not being under 15 years is not rape”, The 42nd report of law commission was also against this exception as it discriminates women and also it is not in conformity with law. The 172-law commission report also was in support of removal of this exception to criminalize marital rape. In this paper we will discuss the arguments given by the Indian legislature for non-criminalisation of marital rape are completely baseless. We will also discuss through constitutional provisions that the exception of sec 375 in IPC is unconstitutional, we will also emphasize that there is no remedy available to women if she falls victim to this evi