The world needs to be awake now and laws need to be amended with changing
times and seeing the increase in crime with each passing day. Society needs to
be awaken and together needs to take a step further in protecting the rights of
women and helping them get justice from marital rape.
Introduction To Section 375
Section 375 of Indian Penal Code describes the word "rape" as a criminal offence
which is punishable under this section.
The exact definition of rape as per this section is:
A man is said to commit "rape" who, except in the case
hereinafter excepted, has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions:
- Against her will.
- Without her consent.
- With her consent, when her consent has been obtained by putting her or
any person in whom she is interested in fear of death or of hurt.
- With her consent, when the man knows that he is not her husband, and
that her consent is given because she believes that he is another man to
whom she is or believes herself to be law fully married.
- With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally
or through another of any stupefying or unwholesome substance, she is
unable to understand the nature and consequences of that to which she gives
- With or without her consent, when she is under sixteen years of age.
Explanation. Penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape.
- Sexual intercourse by a man with his own wife, the wife not being under
fifteen years of age, is not rape.
Rape is violative of the fundamental right, Article 21. Its not only effects the
victim but also the society at large. Its leave a long-life marks on the victim
not only physically but also mentally.
Rape as said by the constitution is a crime but the laws fail to accept martial
rape with a women above the fifteen. We talk about how women rights are
violated, right to dignity, right to speak but when it comes to martial rape,
all these rights are neglected. Martial rape which in recent years, have been
talked about a lot and to criminalize marital rape as a punishable offence, is
still pending. We live in society where marriage is considered as a consent to
husband for sexual activity. Even if its without the consent of a wife, it is
Shouldn't it be criminalized as a rape, as per my views yes. But being a part of
Indian society, which runs by the customs and beliefs`, marital rape is still
Marriage which is a religious ceremony and any sexual act performed within the
marriage is considered legal. Even the thought of marital rape being
criminalized and punishable becomes militant. Countries recognize rape as
criminal and serious offence and punishment for the same is penalized, they
exempt marital rape. Women are entitled to protection, but the woman's husband,
whom she married in good faith, repeatedly forces sex on her without her
permission in an effort to torture and injure her. The thought of being raped
while still married could make the wife physically ill.
Rape can be seen as a violent act committed against a woman in an effort to
offend her modesty. It has been deemed a humiliation and the worst crime against
human dignity by the Supreme Court of India. Rape is more than simply a physical
assault; it also involves the whole devastation of the victim. In light of this,
a civilised society cannot tolerate the notion that a woman must have sex with
her husband notwithstanding her permission.
A rigidly patriarchal society where marriage is the foundation of society and
where women's voices are suppressed. Dipak Mishra, a former Chief Justice of
India, argued that marital rape shouldn't be considered a crime since it would
lead to complete anarchy in families. Our nation survives because to the family
platform, which supports family values.  Matrimonial rape cannot be made a
crime due to social customs and attitudes that foster such an atmosphere. The
Indian government claimed that people who wanted to prevent husbands from raping
their wives were mindlessly imitating the Western nations.
In modern society, it is widely accepted that after getting married, a woman
gives her husband her unrestricted consent to sexual relations. According to
Matthew Hale of England, a husband cannot be held responsible for raping his
legitimate wife since by their joint marriage contract and agreement, the wife
has given herself in this way to her husband, and she cannot take it back .
The union government claimed in an affidavit submitted to the Delhi High Court
that a law criminalising marital rape could turn into a simple tool for
harassing the husbands, making the absurd argument that if all sexual acts
between a husband and his own wife qualify as marital rape, then the
determination of whether they are or are not will be made by the court.
A lot of discussion is going on the topic, On Wednesday, the Delhi High Court
issued a divided decision over the country's decriminalisation of marital rape.
Exception 2 of Section 375 of the Indian Penal Code, which decriminalised rape
inside marriage, was overturned by Justice Rajiv Shakdher, but it was upheld by
Justice C. Hari Shankar. According to Section 375's Exception 2, "sexual actions
or sexual intercourse by a man with his own wife, the wife not being under the
age of fifteen, is not rape." The Indian Supreme Court raised the legal drinking
age to 18 years old in October 2017.
It took the court seven years to examine petitions to make marital rape a crime.
Look At The Statistics
India average is 31.9%. Another significant finding was that among currently
married women age 18-49 who have been married only once, 11% reported their
first ever experience of spousal violence within the first 2 years of marriage,
and 21% experienced such violence within 5 years.
The stats are repeatedly increasing with years.
Since women are still seen as the husband's property and are entirely at his
disposal, it is obvious that Indian law has failed to adequately protect them.
Establishing equality for married women requires addressing the issue of marital
rape. We have examined the arguments' viability in light of the ideas of family,
marriage, and the place of women in society. We also proved that there is no
legal basis for any of the arguments made in favour of making marital rape a
Marital rape is now a recognised crime in a number of countries around the
world, breaking with the long-standing custom. Even Nepal's Supreme Court has
declared that forced sex during a marriage counts as marital misconduct.
India, regrettably, is falling behind. There is no reason to think that Indian
households are immune to marital rape. It is widespread throughout India's
towns, villages, and cities. The only difference is that we are no longer paying
attention to the problem. The Indian Legislature needs to emerge from years of
inactivity and make changes to the Indian Penal Code.