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Maritial Rape in India | Explained

It's 2021 and India remains a country where it is not crime for a man to rape a women - as long as they are marraid.


Yes, here I am talking about the term 'Maritial Rape'. 
People in India do not even aware about the existence of martial rape. 

What is Maritial rape?

Act of forcing your spouse to establish sexual relationship without proper concent. 

Around the world Maritial Rape is punishable offence, India belongs to one of the 36 country where maritial rape is still not criminalised. 

Pakistan, Bangladesh, Afaganistan, Saudi Arabia and China also fall into this category. Even Nepal has law on Maritial Rape.

Rape law in India

Rape law in our country is patriarchal outlook considering women to be property on after marriage. Treat her as servent or prostitute or Queen all depends on male counterpart.


Rape is criminalised under Section 375 IPC, but it only protect unmarraid and minor. Exception 2 of this law exempt marraid women, for them the law is not applicable.

It gives free license to husband to rape his wife - no fear of criminalisation.

Several petition before SC and various HC filled by an individual and civil society challenging martial rape exemption to Section 375.

Government has continued to shield men who rape his wife by citing few baseless reasons repeatedly.

First Reason : Indian Culture vs Western Culture

In India people lives in joint family where rape is not possible and criminalising it will disrupt marraige institution and family values.


Majority of people in India are illiterate, uneducated, poor, conservative and religious - They believe that husband cannot rape his wife because of good (Sanskari) Indian wife.

Former CJI Deepak Mishra - Martial rape should not be made a crime in India "because it will create absolute anarchy" in families and our country is sustaining itself because of the family platforms which upholds family values.

Maritial rape is manifestation of Domestic Violence and according to National Record Crime Bureau (NCRB), 70% women in India are victim of Domestic Violence. 

Denying the fact regarding existence of Maritial Rape degrade and disempower women's dignity and demotivates every efforts in way of women empowerment.

2nd Reason : Marrige = Life time never ending concent

Spouce mood doesn't matter in marrige. NDTV conducted debate on Maritial Rape, there a women confessed that she got raped 7 times on first night of her marraige. 

Watch here...

Third Reason : Women will misuse any law against martial rape

Affidavit submitted to Delhi HC, Union government said criminalising maritial rape can become an easy tool to harras the husband. 

No one can turn face away with this reality. Many cases seen where women missues law like Domestic Violence Act, The Dowary Prohibition Act, and Section 498 of the IPC, which are enacted to safeguard them.


But this argument is not as solid to nullify the importance of Martial Rape Law. Enact law with stringent provisions that could prevent it's misuse.

If women misuse the law then what judiciary is there for, to weed out the false cases and dissmiss them with an appropriate penalty.

According to Statistics

2 out of 5 women in India are victim of Physical and sexual violence. Choosing numbers as a parameter is also problematic because of -
  1. ​Poor Conviction rate
  2. ​Improper evidence collection
  3. ​Ommision of witness statement

According to National Report Crime Bureau (NCRB) : 

  1. 70% of women in India are victim of Domestic Violence
  2. ​A women raped in every 16 minutes
  3. ​Every 4 minutes she experiences cruelty at the hand of their In-laws.

National Family Health Survey (NFHS)

  1. 99.1% sexual violence go unreported
  2. ​Indian women are 17 times more likely to face violence from her husband than from others.
  3. UN committee on Elimination of Discrimination Against Women recommend that Indian government should criminalise Martial Rape.

Way Forward

Beti Bachao Beti Padhao - One hand our hard efforts to empower women's social, cultural and economic status in society, other hand such data degrade and disempower women .

Article 14 : Guarantees equality 
But Rape law exception - Protect women outside the door but ignores her same inside. 

Article 21 : No person shall be denied of his life and personal liberty according to the procedure established by law. 

Life and liberty means 
  1. ​Right to health
  2. Right to privacy
  3. Dignity
  4. Safe living condition
  5. Safe environment
Justice K.S. Puttuswamy vs Union of India 
SC - Right to privacy is a Fundamental Right.

Marraige does not mean women is all time ready willing and concenting for sex.
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