Rape within marriage is one of the worst kinds of sexual violence when it is committed by the husband. Due to the patriarchal structure of the society the husband is always considered as protector of wife. The objectification of women within the institution of marriage does not give the husband a license to rape the wife. Rape is a rape whether within or outside the marriage. Marital rape yet not criminalized but raised the issues of dignity of women. This paper argues that criminalization of marital rape in India is necessary. This paper is an attempt to critically analyze the national and international  legislative framework related to marital rape.

Keywords: Rape by Husband; Marriage; Criminalization.