Explicating ‘Consent’ Within Marriage: When Is The Right Time To Address The Issue Of Marital Rape In India?

(Prof.) Dr. Vinita Kacher, Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh

Niharika Verma, Research Scholar, Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh

ABSTRACT

Marital rape is viewed as a less serious crime than stranger rape, as evidenced by the small amount of literature on the topic compared to stranger rape. The law minimizes marital rape, as evidenced by the fact that, in India, the rape of a wife who is over 15 years old is not considered a punishable offense according to Section 375 of the Indian Penal Code. This exemption is not accidental but has roots in the English legal system from a judgment delivered almost 300 years ago. The rationale behind this exemption is the notion of "Implied Irrevocable Consent," which means that once a woman gets married, she has given her consent. However, the issue of "consent" has always been controversial in identifying the offense of rape, including marital rape. This article aims to understand the complexities of "consent" within marriage and provide a synthesized examination of marital rape.

Keywords: Marital Rape, Consent in Marriage, Section 375 of IPC, Irrevocable Consent