The Crime That Needs Recognition: Marital Rape

Ms. Lavi Singh, Ph.D. research scholar at University of Allahabad, having a strong educational background with UGC-NET, Master of Laws from Hidayatullah National Law University, Raipur and Graduation in Law from University of Allahabad.

Dr. Anshuman Mishra, Associate Professor, faculty at the University of Allahabad, having experience of teaching in Constitutional Law, Administrative Law and Evidence Law.

ABSTRACT

Marriage in India is regarded as a ‘pavitra’ (sacred) institution. When a woman marries a man, she places her trust in him, and marriage traditionally binds her to fulfill his wishes. However, this sacred bond loses its essence when it becomes a vehicle for sexual assault and an attack on a woman's sexual autonomy. Rape is recognized globally as a heinous crime, and the law treats it with utmost seriousness. Yet, within the sacred institution of marriage, a form of rape often goes unreported because it is shielded by the marital relationship between the victim and the perpetrator. Marital rape occurs when a husband forces his wife into sexual intercourse, whether through physical force, threats, or in situations where she is unable to consent. Disturbingly, the Indian Penal Code (IPC) legalizes this act through an exception in Section 375/ Section 63 of Bhartiya Nyay Sanhita (BNS), which states that rape within marriage is not considered rape. This exception is not only discriminatory but also a direct violation of basic human rights. A literal interpretation of this clause suggests that once a woman is married, she has implicitly given her husband a license to satisfy his sexual desires, regardless of her consent. This reflects the deep-rooted male dominance in society and echoes the ancient Doctrine of Covertures.

Marital rape often goes unreported due to the desire to protect the sanctity of marriage and fear of societal judgment. According to the National Family Health Survey (2015-2016), 10.4% of women worldwide reported experiencing spousal sexual violence. Despite years of advocacy from activists, civil society, and the general public calling for the criminalization of marital rape, progress has been slow, largely due to government reluctance. However, it is crucial to criminalize this violent act as soon as possible.