Abstract

Marriage between two people allows them to legally engage in sexual activity. Marriage is the term used to define a sacramental or contractual relationship. Marriage, as mentioned in the definition, legalizes sexual intercourse, implying that any sexual act conducted during the marriage is not prohibited. This equips individuals with the motive to commit marital rape. Marital rape is when a married couple engages in sexual activity without the consent of the wife. This shows how the husband uses the marriage as a permission to sexually torture bride, and then considers it as his right. Indian marriages are considered as the sacred union of two people. It is assumed that after a marriage is solemnized, there is an implied permission to have sexual relations between them. This concept of marriage has been used to hide the harsh reality, such as domestic abuse, marital rape, cruelty, and other grue some and horrible crimes committed against women. There are laws in place to protect women in the country from barbarous crimes like rape, but rape that occurs within marriage has never been protected. The principle of equality is enshrined in our Preamble, but societal pressure on women has shown to be greater than on males. This article focuses on the need of criminalization of marital rape in India whereas the effects and suggestions regarding marital rape. To protect women, the judiciary must take steps to safeguard them. Married women should be treated with respect and not be subjected to sexual abuse or violence. But the truth is that married women does not have legal protection against marital rape.

• 1.   Raveena Rao Kallakuru & Pradyumna Soni, “Criminalisation of Marital Rape In India: Understanding Its Constitutional, Cultural And Legal Impact”, 11 NUJS L. Rev. 1
• 2.   DarshitVora, “Section 375 IPC: Rape”, iPleaders, Last visited- 13 April 2023 https://blog.ipleaders.in/consent-will-emphasis-section-375-ipc/
• 4.   Id. at 3
• 5.   Indian Penal Code, 1860, Section 375, Exception 2, No. 45, Acts of Parliament, 1860 (India): “Exception 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
• 6.   (2017) 10 SCC 800.
• 7.   Id. at 3
• 8.   Id. at 5
• 9.   Code of Criminal Procedure, 1974, Section 198(6), No. 2, Acts of Parliament, 1974 (India): “No Court shall take cognizance of an offence under section 376 of the Indian Penal Code, where such offence consists of sexual intercourse a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence.”
• 10.   Indian Penal Code, 1860, Section 376, No. 45, Acts of Parliament, 1860 (India)
• 11.   AIR 1984 Delhi 66
• 12.   Indian Const. art. 14: “Equality before law- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”
• 13.   Indian Const. art. 21: “Protection of life and personal liberty - No person shall be deprived of his life or personal liberty except according to procedure established by law.”
• 14.   Id. at 12
• 15.   Id. at 11
• 16.   AIR 1983 AP 356
• 17.   1984 AIR 1562
• 18.   (2017) 382 SCC
• 19.   Id. at 5
• 20.   Id. at 11
• 21.   Indian Const. art. 15
• 22.   Id. at 12
• 23.   Id. at 5
• 24.   W.P.(C) 284/2015
• 25.   Id. at 3
• 26.   The Hindu, https://www.thehindu.com/news/ national/supreme-court-to-hear-petitionsrelating-to-criminalisation-of-marital-rape-frommarch-14/article66382195.ece Last visited-13 April 2023
• 27.   Id. at 3
• 28.   (2017) 382 SCC
• 29.   Id. at 5
• 30.   Id. at 11
• 31.   Id. at 12

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