Megha Gupta, IMS Law College, Noida
ABSTRACT
The Indian Penal Code, 1860 does not recognise that a husband raping his wife is a crime, hence there is no criminalization of marital rape in India. Various Law Commission papers, Parliamentary discussions, and judicial rulings explain why this is the case. The grounds for this range from maintaining the sacredness of marriage to current legal remedies that are already in place. These proponents of not criminalising marital rape are shown to be wrong in this paper. Author contend that the exception for marital rape in the Indian Penal Code, 1860 is unconstitutional based on an examination of Article 14 of the Indian Constitution. In addition, if a woman is raped by her husband, there are no other legal avenues via which she can seek retribution. Author comes to the conclusion that criminalising marital rape is absolutely essential. As a starting point, it is advised that criminal law be revised as well as civil law, notably the laws governing divorce, be revised.
