Introduction
Marital rape refers to non-consensual sexual relations imposed by a husband upon his wife. It was often ignored in ancient times. Even today, many countries, including India, have not yet adequately addressed the problem. For centuries, marital rape was not considered an offence in most countries. In the late 1990s, many countries criminalised marital rape. India also held several discussions and debates regarding the criminalisation; however, it failed to resolve the issue.
Marital Rape And Indian Society
India is not yet a modern society. The family system is highly prevalent in India, and it is an integral part of Indian culture. A woman who remains unmarried for her lifetime is generally considered to be acting against the norms of Indian society. The institution of marriage carries great respect in Indian society. Therefore, the concept of marital rape would undermine the entire family system of India and weaken the institution of marriage.
India is a patriarchal society, and therefore a woman is required to fulfil the obligations of her marriage, which include having sexual relations with her spouse. India is one of the few countries that have no specific provision regarding the criminalisation of marital rape.
Normalisation Of Marital Rape
- Marital rape has been so normalised that many women are unaware that they have the right to refuse their spouse’s sexual advances.
- The traditional gender roles and societal expectations contribute to the normalisation of marital rape.
- Women are often considered the property of their husbands, particularly in the remote regions of the country, due to the prevalence of conservative social norms.
Governmental Measures And Their Position On Marital Rape
The Ministry of Home Affairs informed Parliament that the Law Commission, in its 172nd report, never recommended the criminalisation of marital rape.¹.
After the Delhi gang rape case, the Justice Verma Committee recommended the criminalisation of marital rape, but the government rejected the recommendations.¹.
Government Arguments Against Criminalisation
- The government argued that such criminalisation of the exception would create destabilisation in the entire family system.¹.
- The government stated that ‘The Protection of Women from Domestic Violence Act’ provides a civil remedy to women who have suffered violence from their husbands.¹..
Existing Legal Provisions
| Provision | Description |
|---|---|
| Section 498A of the IPC | Addresses physical and mental cruelty committed against a woman, which may include sexual violence.¹. |
| 181 Helpline | Launched to provide assistance to women facing violence.¹. |
| One-Stop Centres | 170 centres established for medical help, legal aid, psychosocial counselling, and temporary shelter.¹. |
Institutional Efforts
- The Parliamentary Standing Committee, in its 111th and 128th reports, emphasised the rationalisation of the criminal law of the country by bringing comprehensive legislation.².
- The government also organised seminars and workshops and utilised audio-visual, print, and electronic media for the safety and security of women and children.
- The government informed the Parliament that no data regarding marital rape was maintained.².
Administrative Ignorance of Marital Rape
In 2000, the Law Commission, in its 172nd report, rejected the concept of marital rape.¹. A decade later, the Justice Verma Committee recommended the criminalisation of marital rape, yet the government ignored such recommendations, arguing that such criminalisation would cause significant damage to the entire family system, as it is against the norms, rules, and culture of Indian society.
The government informed Parliament that there are several other legal provisions and statutes for the protection of women from marital violence; therefore, a separate statute was not required for marital violence.
NFHS And Ground Reality
The National Family Health Survey revealed that most of the married women in India faced sexual and other forms of violence from their partners, which generally went unreported in India. The same survey also reported that 3.3% of women experienced violence during pregnancy in 2015–16.
NCRB Data And Reporting Gap
- It was also revealed by the NCRB data that cases such as rape, domestic violence, dowry deaths, and other forms of cruelty against women are being registered in a large number, but cases related to marital rape are reported in negligible numbers.³.
- The NCRB data on crimes against women from 2018 to 2022 had not mentioned marital rape.³.
- The government also informed parliament that no official data regarding marital rape was maintained.².
Government Stand And Legal Position
In 2016 the government opposed the criminalisation of marital rape in the Supreme Court, stating that it would undermine and weaken the sacred institution of marriage in India.
The concept of marital rape is taken far too lightly compared to other forms of crime against women. Such circumstances highlight that constitutional principles such as equality, liberty, and dignity do not apply to married women.
It indicates that access to justice for a woman who has suffered marital rape is significantly lower compared to other forms of violence.
Judicial Ignorance of Marital Rape
In 2012, the Justice Verma Committee recommended the removal of the exception of Section 375 IPC for criminalising marital rape. The central government rejected such recommendations, and thus, it was not criminalised.
Key Litigation Developments
- In 2013, a child rights organisation known as ‘Independent Thought’ filed a writ petition in the Supreme Court of India challenging the exception.
- The Supreme Court raised the age of consent from 15 to 18 years, ignoring the issue of marital rape above the age of 18 years.⁴.
- One year later, the Supreme Court observed that it was the fault of the states that they had been unable to criminalise marital rape.⁴.
- In 2015, the ‘All India Democratic Women’s Association’ and two other individuals filed a petition for the criminalisation of marital rape.⁴.
- In 2016 the Delhi High Court issued a notice to the central government on this matter.⁴.
Recent Judicial Developments
- The central government refused to criminalise marital rape, as it would destabilise the sacred institution of marriage and also collapse the family system in India.
- In 2022, the Delhi High Court delivered a split verdict on marital rape; as a result, a fresh petition was filed in the Supreme Court for the removal of the exception of Section 375 IPC.⁴.
- The Supreme Court has repeatedly delayed the hearing, and as of 2026, it has yet to hold a hearing on marital rape.
This highlights that for decades the judiciary failed to provide an effective solution to the issue of marital rape, and thus this issue always got ignored.⁴.
Conclusion: Marital Rape Awareness and Reform
Marital rape has not been adequately addressed. It is essential to raise awareness regarding marital rape in society.
Our governmental institutions, educational institutions, and civil society organisations have great responsibilities to provide awareness and proper education to the masses regarding the issue of marital rape.
Proper knowledge and education about marital rape would increase awareness among the public, and thus it would ensure a safer and better environment for married women.
References
- Ministry of Home Affairs, Lok Sabha Unstarred Question No. 6572, Lok Sabha (Parliament of India)
https://sansad.in/getFile/loksabhaquestions/annex/14/AU6572.pdf?source=pqals711/AU4059.pdf?source=pqals - Ministry of Home Affairs, Lok Sabha Unstarred Question No. 4059, Lok Sabha (Parliament of India)
https://sansad.in/getFile/loksabhaquestions/annex/1 - Ministry of Women and Child Development, Rajya Sabha Unstarred Question No. 470, Rajya Sabha (Parliament of India)
https://sansad.in/getFile/annex/268/AU470_LF9Xa8.pdf?source=pqars - Ruma Das and Brij Mohan Pandey, Marital Rape Through the Lens of Judiciary in India, 8(1)
Written By: Chaudhury Shakib Ahamed, 5 Years BALLB Hons, Final-Year Law Student, Bengal Law College – The University Of Burdwan
Contact: 6290469487
