top of page

Marital Rape-A Legal Infirmity

Updated: Apr 8, 2021

Marriages in India are affairs of pompous and grandeur. They are the most lavishly spent on and are a matter of status and pride in the society. While at the same time separation and divorce is frowned upon and ridiculed. Such reactions from society make it difficult for one to get out of a bad marriage. Domestic violence and abuse is a part of the lives of almost 70% of women in India according to The National Crime Records Bureau (NCRB) ‘Crime in India’ 2019 Report. One of cruelest forms of abuse woman in a marriage endure is marital rape. Marital rape is the act of sexual intercourse with Ones's spouse with lack of their consent. Unfortunately, India is among the 36 countries in the world that does not recognizes marital rape or spousal rape as a crime.

A heinous crime such as rape outrages a person's modesty and scars their physical as well as their mental well-being for life. According to Section 375 of the Indian Penal Code rape is defined as” non-consensual sexual intercourse with a woman”. However, exception to the above-mentioned section exempts husband from penal consequences if sexual intercourses regardless of consent Takes place between a wife and her husband, provided that the wife is above the age of 15. The legal age of marriage for woman in India is 18 years and thus marital rape does not come under any legal jurisdiction. As per the current law the wife i