Marital Rape: Dark Side Of Marriage

Bhoomi Jain, Vivekananda Institute of Professional Studies

Marital Rape as the name itself signifies, refers to the forceful sexual intercourse by husband to his wife without her consent. In today’s era, it is one of the most prevalent yet ignored situation against which, even the law of the country also fails to protects its citizens. Section 375 of INDIAN PENAL CODE, 1860, equivalent to Section 63 of THE BHARATIYA NYAYA SANHITA, 2023 punishes the person who has a sexual intercourse with women against her will i.e. without her consent but Exception 2 of Section 375 of Indian Penal Code ,1860 equivalent to Section 63 of THE BHARATIYA NYAYA SANHITA, 2023 also exempts non- consensual sexual intercourse by a husband with his wife, the wife being over eighteen years of age.

“Consent” in legal terms means understanding that the parties have of the contract. It means agreeing to a specific situation voluntarily without any unreasonable force. It signifies one’s will to engage in an act or permit someone to commit an act on his behalf.

What an irony of the Indian legislature! On one side, law is trying to protect the right of consent of women in a sexual intercourse but on the other hand, the law is ignoring the right of consent of married women in the same. The marital status of the women has completely changed her rights. Why is it so, because marriage is held as an institution in our society that is been laid down as a blanket for the sexual intercourse. In our society it has been presumed that if two people are caged under an institution of marriage then they have consented for the sexual intercourse for all their life.