Criminalization of marital rape in India


Sexual intercourse of any man with a woman without her consent is called as rape and it’s a crime. Marital rape is an another kind of rape in which a husband do sexual intercourse with his wife without her consent, but in India marital rape is not a crime at all. As law consider that marriage is an implied consent but sexual intercourse between husband and wife is an private affair and it need consent of both for it and if husband does not take the consent of his wife then it violates her right to life, liberty, equality and freedom. India having strict rape laws after the Nirbhaya rape case and it does not consider rape by women’s own husband as a rape and for this marital rape should be Criminalize 

Effect of decriminalization of Marital Rape on women 

  • Women can’t stands for justice if her husband committed a rape on her 
  • Wife only relay on her husband after her marriage and if her husband do so and she can’t get justice then she will feel hapless
  • Consent in case of sexual intercourse never be implied if it does not consider them it violates her 
  • freedom of speech and expression
  • It get difficult her to survive in the environment of fearsomeness
  • Their children also grown up in that bas environment and it affects the children negatively

Impact after Criminalization of marital rape

  • Justice is an right of human being, and if there is right there is the remedy and for the cases of marital rape when law recognised it as a crime then it will provide the justice for victims
  • Culprits get punishment legally and it will deter the for future crime
  • It protects the right of married women in case of marital rape also 
  • Society also recognised marital rape as crime
  • It will protect the dignity of women


Law get birth from the womb of the society and marriages are social and religious concept not a legal one so law cannot inferior in it but for the well being of society laws have to be interfered in social-religious affairs. Rape is an criminal offence and stinger punishment provided by law for this offence but there is a different condition in case of marital rape in India. India has no laws for marital rape and victim dose not get justice as marital rape are decriminalized by law. For providing justice and to stop the rape of wife by her own husband the marital rape should be Criminalize by law 


  • Marital rape should be Criminalize by law as soon as possible 
  • Cases of marital rape should be deal differently then other rape case 
  • There need to be specific provisions in laws for the marital rape 
  • The laws should be based on the principle of justice, liberty and equality
  • No discrimination should be done With women over men


**Author – Pranali chintaman Padwe, student of RTMNU’S Dr. Babasaheb Ambedkar college of law main branch Nagpur

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