She is my wife, I am legally married to her, thus, I have complete and sole
right over her body, her consent is not necessary for me.-- Indian
Women in Indian Culture have been exposed to universal and male centric
considerations since days of yore. Spouse is considered as God by the general
public and hence women undoubtedly submit to their husbands and satisfy their
desires and requests. Post marriage they are considered as their better half's
property. In 2013 corrosive assault and voyeurism were incorporated as
wrongdoings and the period of assent was expanded, in any case, Conjugal Assault
was not condemned.
According to Indian Culture condemning of Conjugal Assault would prompt the
defeat of the establishment of marriage. Conjugal Assault which happens in a
hallowed connection between two individuals leaves a deep-rooted scar on a
women's spirit which cannot be ignored as a right of the spouse for the sake of
establishment of marriage. The essential freedoms of ladies have been
disregarded for the sake of marriage. In any means men must understand that NO
means NO, and it should be perceived by men regardless of whether he is a
Women have been exposed to different types of brutality and maltreatment from
society during each period of their life. Since days of yore women have been
taught to adjust in a marital relationship. Marriage is an unadulterated
obligation of two individuals as well as two societies, religion, and families.
Nonetheless, even today in the 21st century men are lawfully furnished with a
right over the spouse's body. Women are considered as their husband's property
thereby giving them the sole right over her. The Indian male centric culture
neither comprehends nor thinks about the assent of the spouse as a significant
Conjugal assault influences the lady's emotional well-being. It leaves
imperceptible scars on a lady's body and psyche which are difficult to heal. In
India there are different regulations to safeguard women from dowry, aggressive
behavior at home, female foeticide and many more. More than 100 nations have
condemned conjugal assault; nonetheless, even today Conjugal Assault is not
considered as a wrongdoing in India.
Non-Criminalization of marital rape in India springs from Exception 2 to Section
375. The definition of rape codified in Section 375 of the Indian Penal Code (IPC)
includes all forms of sexual assault involving non-consensual intercourse with a
woman. Exception 2, however, exempts unwilling sexual intercourse between a
husband and a wife over eighteen years of age from Section 375's definition of
"rape" and thus immunizes such acts from prosecution.
Marital Rape in India
The word "rape" is derived from the Latin term rapio, means "to seize". Rape
literally means a forcible seizure. It means the ravishment of women against her
will or without her consent or with her consent obtained by force, fear or fraud
or the carnal knowledge of a women by force against her will. 
Conjugal assault alludes to intercourse between a man and a lady, who are
legitimately acknowledged as a couple, where the lady does not give assent for
such intercourse. Marriage in India is considered as a hallowed obligation of
two spirits. The Indian Culture presents upon man the option to perfect marriage
regardless of the assent of ladies. 'Assent,' of a lady is not considered
necessary in the bounds of marriage.
Nonetheless, marriage does not give men right over their spouse's body. The
spouse ought to have the freedom to decline. Indeed, even today the legal
framework in India does not perceive conjugal assault as a wrongdoing. It is a
begging to be proven wrong issue on which up to this point, no end has been
drawn. Conjugal Assault otherwise called Spousal Assault is an assault committed
by one life partner against the other.
Post the Nirbhaya Assault case
which shook the soul of the country, a
committee was set up headed by Justice J.S. Verma, to investigate potential
corrections to criminal regulation for guaranteeing faster preliminary of and
more brutal disciplines to, individual blamed for perpetrating rape of
outrageous nature on ladies.
The board in its Report proposed correction and replacement of segments 375, 376
and 376 A to 376 D to the Indian Penal Code for making the law connecting with
rape on ladies and young ladies more viable and obstruction. Most of these
proposals were given administrative impact. The council likewise suggested
condemning conjugal assault. In any case, conjugal assault was not condemned.
Although S375 of IPC proposes discipline for laying out actual relations without
the assent of ladies it slices for a special case for conjugal assault by
excluding from its definition, 'reluctant sex among a couple, spouse being over
15 years.' Conjugal assault is considered as a wrongdoing in 18 American states,
3 Australian states, Canada, Israel, France, Czechoslovakia, Sweden, New
Zealand, Poland, Denmark, Norway, and Soviet Union.
India has the most elevated crime percentage with particularly violations
against ladies. Be that as it may, Conjugal Assault is not considered as a type
of grave wrongdoing against ladies. Conjugal assault is a wrongdoing which
influences the casualty as well as the general public overall as seen in
Bodhisattwa Gautam v/s Subhra Chakraborty. 
Fundamental Rights Violative Upon Marital Rape
Certain basic privileges ensured to a wedded ladies against conjugal assault
incorporate Article 14, Article 19 and Article 21 of the Indian Constitution.
Article 14 ensured Right to Fairness, be that as it may, with regards to the
privileges of a wedded ladies, they are dealt with inconsistent concerning their
male accomplice. Ladies in India are not viewed as equivalent to their
In Joseph shine v. Union of India
, the Apex Court stated that the
husband is not the master of his wife. In case of West Bengal v/s Anwar Ali
Sarkar the court stated that S375 of Indian Penal Code has been violative of
the privileges of the wedded ladies and that the wedded ladies ought to be
treated as equivalent to their significant other.
Article 19(1)(a) guarantees Right to Freedom of Speech and Expression. Be that
as it may, the option to say No and the assent of ladies is not viewed as
fundamental and in this way disregards a wedded women's right to freedom of
speech and expression.
Article 21 guarantees every person Right to Life and personal Liberty, it
includes Right to Privacy, Right to Bodily autonomy, right to enter into
voluntary sexual intercourse, right to give and revoke consent and every facet
of a dignified life. The Supreme Court in Suchita Srivastava v. Chandigarh
 stated that right to make choices in sexual activity is
also included under the right to personal liberty.
In the case of K.S. Puttuswamy v. Union of India
 the Supreme Court
recognized the right to privacy as the fundamental right. Thus, any forced
sexual intercourse does violate their privacy which is their fundamental right.
In State of Haryana vs Janak Singh, the court stated that rape is one of the
most heinous crimes committed against women. It insults her very existence and
erodes her honour and harms her personality and lowers her confidence, thereby
violating her right to life guaranteed under Article 21 of the Indian
The Indian culture considers marriage as a ceremony or a consecrated agreement
between a couple and consequently considers marriage as a suggested suspicion to
assent for sexual living together. It will not acknowledge the word assent. As
indicated by the general public on the off chance that regulations are
established to condemn conjugal assault the ladies would, abuse the said
regulations and irritate the people for not a great explanation.
The Apex court in Arnesh Kumar vs State of Bihar
 stated that:
The criminalisation of marital rape will lead to downfall of existing social and
Laws In Indian Constitution To Seek Protection Against Marital Rape
Unfortunately, there are no immediate regulations in India to give alleviation
to ladies from the psychological and actual injury and the outrages looked by
them because of their spouses. Notwithstanding, ladies can look for security
under Section 498A of Indian Penal Code. Section 498A of Indian Penal Code
states that whoever, the spouse or the family members of the husband subjects
ladies to brutality will be rebuffed with detainment for a term which might
reach out to three years and will likewise be at risk to fine. The Protection of
Women from Domestic Violence Act incorporates sexual maltreatment under its
There have been decisions wherein the courts would not consider Conjugal Assault
as a wrongdoing against ladies and that it ought to be condemned. In one case
the young lady who got married in 2020 was proclaimed as deadened underneath
midriff by virtue of constrained sexual relations in a month of marriage.
The Bombay Court while conceding expectant bail to the blamed spouse held that:
Husband having sex with his significant other against her desires cannot be said
to have committed any unlawful thing.
In one more case Judge NK Chandravanshi of Chhattisgarh High Court excused a
request recorded against a 37-year-elderly person by his better half and held
that, 'Sex or any sexual demonstration by a husband is not assault regardless of
whether it includes force.
Women's Sexual, Reproductive and Menstrual Rights Bill 2018 was presented in Lok
Sabha by Shashi Tharoor. The bill stresses the organization of a lady in her
sexual and regenerative privileges and ensures feminine value for all ladies,
yet in addition proposes condemning Conjugal Assault. Be that as it may, the
bill neglected to accumulate the consideration of the public authority.
The former Chief Justice of India SA Bobde had stated that:
However, brutal the husband is...when two people (are) living as husband and
wife... can sexual intercourse between them be called rape? In UK Conjugal
Assault was considered as wrongdoing in the well-known R versus R judgment.
The spouse for this situation contended that marriage gave and inferred and
permanent assent, which was rejected by the court and accordingly he was
punished. Despite that India has acquired its reformatory regulations from the
English, the idea of conjugal assault is not considered as a wrongdoing in
Assault is a grievous and one of the gravest types of wrongdoing perpetrated
against ladies. Wrongdoing in any structure leaves a scar on a womens spirit. It
break down the actual wellbeing as well as influences the emotional wellness of
her. Conjugal assault is an infringement of the key freedoms of ladies.
In Hrishikesh Sahoo vs State of Karnataka the court held that:
A brutal act of sexual assault on the wife, against her consent, albeit by the
husband, cannot but be termed to be a rape.
Marriage cannot be named as a permit to have command over ladies' body;
notwithstanding, the male centric culture of our nation has imbued the way that
a spouse is a sole proprietor of his significant other and has total directly
over body in the personalities of men.
A women can guarantee security just under Section 498A of IPC and under The
Protection of Women from Domestic Violence Act from abusive behavior at home.
Although it gives specific help to wedded ladies under the previously mentioned
segments however it prohibits the term conjugal assault and does not think about
it as a type of wrongdoing under S375 of IPC. The wrongdoing of aggressive
behavior at home is not quite the same as that of Conjugal Assault and
subsequently, there is a requirement for a devoted regulation to shield ladies
from Conjugal Assault.
- Bhupinder Sharma V. State of Himachal Pradesh, (2003) 8 SCC 551
- (1996) 1 SCC 490
- (2018) 2 SCC 189
- 1952 SCR 284
- (2009) 9 SCC 1
- (2017) 10 SCC 1
- (2013) 9 SCC 431
- (2014) 8 SCC 273
- 2022 SCC OnLine Kar 731
Award Winning Article Is Written By: Ms.Falgu Mukati
Authentication No: SP42362218915-29-0922