Laws on Marital Rape in India

Even just the word “rape” conjures up the image of a guy coercing a woman into having sex, and rapes often cause a great uproar. The patriarchal society in our country, however, turns a deaf ear to marital rape and acts as though it has no obligation to help married women who are being violated by their own husbands. The idea that a man can do anything he wants, whether or not his wife agrees, is prevalent in modern Indian society, where a woman is seen as his property after marriage. In India, marital rape is still not considered to be a crime, and the legal situation is still unclear. This is primarily due to the fact that when a rapist and victim are married, the concept of “consent” remains meaningless, leading society to believe that consent comes with marriage by default.

Section 375 of the Indian Penal Code

There is an exception for marital rape under Section 375 of the IPC. According to the rules against marital rape, husbands might face the following penalties:

• The husband faces a maximum sentence of two years in prison if the victim (wife) is a juvenile (12 to 15 years old). In some situations, there may also be a fine or both imprisonment and a fine.
• When the victim is under 12 years old, the husband may receive a penalty of up to 7 years in jail or, in some cases, a life sentence along with a hefty fine.
• If the husband and wife are considered to be legally separated, there may be up to two years in prison as well as a fine.
• If the wife is older than 15, it is not a crime, and no punishment will be meted out.

The court does not treat all types of rape equally, which is unfair and prejudiced, as there are some exclusions and requirements that the victim must meet, such as age, marital status, legal separation, etc. It is dishonorable for the victim to lose her legal protection and fundamental human rights when she is sexually abused by her husband, especially as every rape has a significant negative impact on the victim’s psychological, physical, and mental health.

Read More: Section 376 of IPC

Article 14 – Legal Right to Equality

In Article 14 of the Indian Constitution, it is stated that everyone has a legal right to equality. According to this, everyone in India should enjoy equal protection. Therefore, when a woman is denied her bodily rights and seeks redress in court, she is not given the justice she deserves just because of her married status. Article 14 of the Indian Constitution is broken by the exception for marital rape in Section 375 of the IPC. It is only fair for a married woman to enjoy the same equality as an unmarried, single woman. 

Article 21 – Right to Life

No one may be deprived of their life or personal liberty, except in accordance with a legal process, according to Article 21 of the Indian Constitution. Other laws fall under the same article, some of which are the rights to health, a safe environment, and sexual privacy. The right to a dignified existence, which is protected by Article 21, is violated when a man rapes a woman in marriage since it seriously undermines both her self-worth and her dignity. It serves as the underlying cause of numerous psychological issues. Marital rape violates the wife’s right to dignity since it puts her right in jeopardy. The right to sexual privacy is the next law covered by Article 21. Every citizen of the nation has the right to sexual autonomy. When we discuss sexual privacy, consent is a key factor. She should have the freedom and fundamental human right to only engage in sexual activity if she gives her consent, even if she is married. Even if it is her own husband, she cannot be forced to do anything against her choice.

Marital Rape in India: Marital rape is the act of forcible sexual intercourse by a man with his wife without his wife’s consent. To assert their control and strength, some husbands frequently sexually abuse their wives. Since the dawn of time, marriages between people from various cultures have frequently been considered as a means of procreation when the need for permission may not always be present. As a result, many traditions and cultures do not view consent during sex as sexual violence.

Marital Rape directly influences a country’s women rights. Women’s Rights in India are evolving now as compared to the past. In this article, we will read about marital rape in India, Issues related to marital rape, its history, laws, causes etc.