Breaking the Silence: The Imperative for Criminalizing Marital Rape in India

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Breaking the Silence: The Imperative for Criminalizing Marital Rape in India

Marriage is a sacred institution in Indian society, symbolizing the union of two individuals and the beginning of a new life together. However, beneath the surface of this revered institution lies a deeply sensitive and controversial issue – marital rape. Marital rape occurs when one spouse forces sexual intercourse upon the other without their consent, violating their fundamental right to bodily autonomy and personal dignity.

While India’s legal framework addresses rape in general, a glaring exception exists for sexual acts within marriage, allowing for non-consensual intercourse between spouses, provided that the wife is over 15 years old. This exception essentially legalizes marital rape, undermining the principles of gender equality and perpetuating the belief that marriage grants one partner the right to control the other’s body. This article delves into the history, legal debates, and societal implications of marital rape in India, exploring whether it should be criminalized.

History of Marital Rape in India

The issue of marital rape has been a subject of contention for years, with various legal, societal, and governmental developments shaping the conversation. This section will provide an overview of the historical milestones related to marital rape in India.

Delhi High Court Controversy (2015-2022)

In 2015, the Delhi High Court began hearing petitions challenging the marital rape exception in the Indian Penal Code (IPC). The case dragged on for several years, ultimately culminating in a split verdict by two judges in May 2022. One judge supported the criminalization of marital rape, asserting that it violated a woman’s right to consent, while the other argued that marriage implied consent. This contentious decision pushed the matter to the Supreme Court.

Supreme Court Intervention (September 2022)

In September 2022, the Supreme Court rendered a landmark judgment related to women’s right to safe abortions, regardless of marital status. This judgment emphasized that the definition of rape within the Medical Termination of Pregnancy Act should encompass marital rape, challenging the existing norm.

Law Commission of India (2000)

The Law Commission of India considered proposals to reform laws on sexual violence in 2000. However, the commission rejected the idea of removing the marital rape exception, perpetuating the legal status quo.

Justice JS Verma Committee (2012)

In 2012, the Justice JS Verma Committee was established to suggest amendments to India’s rape laws. While some recommendations influenced the 2013 Criminal Law (Amendment) Act, the committee’s suggestion regarding marital rape went unheeded.

Parliamentary Debates (2015)

The issue of criminalizing marital rape reached the Indian Parliament in 2015. However, lawmakers dismissed the idea, citing the perception of marriage as a sacred institution in Indian society.

Government’s Shifting Stance

The central government initially defended the marital rape exception but later changed its stance, acknowledging the need for a review of the law. They claimed that “wider deliberations are required on the issue.” Meanwhile, the Delhi government argued in favor of retaining the marital rape exception, raising concerns about potential misuse and the sanctity of marriage.

Should Marital Rape Be Criminalized in India?

Exception 2 of Section 375 of the Indian Penal Code effectively grants husbands the authority to impose non-consensual sexual activity on their wives. To assess whether marital rape should be criminalized in India, we must consider the following key points:

Violation of Women’s Rights

The exemption in Section 375 IPC infringes upon a woman’s right to bodily autonomy and undermines the principles of gender equality. It is imperative to recognize a woman’s right to refuse sexual intercourse, irrespective of her marital status. Criminalizing marital rape would signify that consent is paramount in all sexual encounters, regardless of the relationship.

Undermining the Concept of Marriage

Marriage is often viewed as a partnership of equals, where both partners share rights and responsibilities. The marital rape exception, which allows husbands to engage in non-consensual sexual intercourse with their wives, contradicts this principle, perpetuating an imbalanced power dynamic within marriages.

Lack of Legal Recourse

The non-criminalization of marital rape poses significant barriers for women seeking justice. It fosters a culture of impunity for perpetrators of marital rape and discourages survivors from coming forward. Legal recourse is essential to addressing this issue effectively.

Inconsistent with International Standards

India is a signatory to international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which recognizes marital rape as a form of violence against women. The exemption in Section 375 IPC contradicts these international standards, highlighting the need for alignment with global norms.

Gender Equality and Individual Dignity

Criminalizing marital rape is imperative to promote gender equality and protect the dignity and individual rights of every person. Consent must be at the forefront of any sexual encounter. This step is necessary to challenge deeply rooted patriarchal attitudes and behaviors that perpetuate sexual violence.

Stigma and Shame Reduction

Criminalizing marital rape can help alleviate the stigma and shame faced by survivors. It sends a clear message to society that non-consensual sexual activity within marriage is unacceptable and provides survivors with legal support and access to vital services.

International Precedents

Several countries, including India’s neighbors, have already criminalized marital rape without experiencing the feared breakdown of marital relationships. The international experience demonstrates that such a legal reform can be successful in addressing this issue.


Marital rape remains a pressing issue in India, despite the advances in women’s rights and gender equality. The current legal framework, which exempts marital rape from criminalization, perpetuates a culture of non-consensual sexual activity within marriages and denies women their fundamental rights.

Criminalizing marital rape is a necessary step toward promoting gender equality, safeguarding individual rights and dignity, and combating the pervasive problem of sexual violence. It is essential to recognize that consent is paramount in all sexual encounters, and marriage does not grant one partner the right to control the other’s body. By criminalizing marital rape, India can take a significant stride toward protecting the rights and safety of all its citizens.

Frequently asked questions

What is marital rape?

Marital rape refers to the act of one spouse forcing sexual intercourse upon the other spouse without their consent within the confines of a marriage. It is a form of sexual assault that occurs within a legally recognized marital relationship.

Is marital rape recognized as a crime in India?

Marital rape is not recognized as a crime in India. The Indian Penal Code contains an exception (Exception 2 of Section 375) that allows sexual acts between a husband and wife, even without the wife’s consent, as long as she is over 15 years old.

Why is there an exception for marital rape in Indian law?

The exception for marital rape in Indian law has historical roots and has been justified on the grounds that marriage is considered a sacred institution, and it is assumed that there is an implied consent to sexual activity within marriage. However, this exception has been criticized for violating women’s rights and gender equality.

How have recent legal developments in India addressed the issue of marital rape?

Recent legal developments in India have seen a shift in the conversation around marital rape. The Delhi High Court had a split verdict in May 2022, with one judge supporting the criminalization of marital rape. The Supreme Court ruled in September 2022 that for the purposes of the Medical Termination of Pregnancy Act, the definition of rape should include marital rape. However, the legal status of marital rape in India remains a subject of debate and further review.

Have other countries criminalized marital rape, and what has been the impact?

Yes, many countries around the world, including India’s neighboring countries, have criminalized marital rape. The impact has generally been positive, leading to increased protection for spouses and survivors and challenging the acceptance of non-consensual sexual activity within marriage. It has not led to the feared breakdown of marital relationships.

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