Author: Arjun Singh, Invertis University, Bareilly
To the Point
Although the Indian Constitution protects personal liberty, equality, and dignity, marital rape remains a significant legal blind spot that violates these rights. India’s rape law still maintains an antiquated exception that shields husbands from prosecution for raping their wives, even though marital rape is becoming more widely recognized as a crime. The legal, constitutional, and social issues surrounding marital rape in India are examined in this article. It seeks to start a larger conversation about the value of consent in marriage and the pressing need for change.
Abstract
One spouse, usually the husband, coerces the other into having sex against their will in a situation known as marital rape. India still views marriage as a barrier against rape, despite the fact that many countries around the world have acknowledged and made marital rape a crime. The historical context, legal disputes, constitutional inconsistencies, and judicial silence surrounding the matter are all examined in this article. In order to bring Indian law into compliance with human rights and constitutional morality, it also takes into account global norms and promotes legislative change that would make marital rape a crime.
Use of Legal Jargon
Section 375 of the Indian Penal Code (IPC), 1860, defines rape but excludes an exception, which states that “sexual intercourse by a man with his own wife, the wife not being under fifteen years old, is not rape.”
The constitutional principles of consent and bodily autonomy, which are enshrined in Article 21, are undermined by this legal immunity granted to husbands. Despite being progressive in many areas of gender justice, the judiciary has not yet ruled that this exception is unconstitutional.
The legal voidness of marital rape is frequently justified by the misuse of concepts such as implied consent, conjugal rights, and the institutional sanctity of marriage. Modern conceptions of autonomy, dignity, and human rights are indoctrinally at odds with the patriarchal interpretation of marital duties.
The Proof
Several constitutional guarantees are violated by the ongoing exclusion of marital rape from criminal prosecution:
1. Article 14: Right to Equality: Exception 2 infringes on the right to equal protection by treating married and unmarried women differently under the law.
2. Article 15: Prohibition of Discrimination: It is discriminatory to protect unmarried women from rape solely on the basis of marital status.
3. Article 21: Right to Life and Personal Liberty: It is an outright violation of a woman’s physical and mental autonomy to force her into sexual activity against her will.
Notwithstanding these inconsistencies, the legislature has been hesitant to eliminate the marital rape exception due to concerns about potential abuse of the law and its effects on the institution of marriage.
Case Laws
Despite the slow pace of legislative action, these rulings demonstrate a growing judicial awareness of the need for reform.
1. Union of India vs Independent Thought (2017)
In order to bring the age in Exception 2 of Section 375 IPC into line with the age of consent, the Supreme Court read it down to 18 years old. The larger exemption for adult women is still in place, even though it shielded young wives from marital rape.
2. Union of India vs Joseph Shine (2018)
The court ruled that it is unconstitutional to treat a woman as her husband’s property, thus invalidating Section 497 IPC (Adultery). Although it did not address marital rape, this progressive ruling cleared the path for the acceptance of equality within marriage.
Conclusion
A long-standing social reluctance to consider consent in marriage as a fundamental right is reflected in India’s criminal law’s exemption of marital rape. Although constitutional principles and international human rights law indicate reform, there is still a lack of political and social will. The existing legal position violates a wife’s fundamental rights by lowering her sexual autonomy and dignity to a secondary status.
India must outlaw marital rape, eliminate Section 375 IPC’s Exception 2, and advance a legal system that recognizes that consent does not expire in marriage in order to uphold justice.
FAQS
What is rape in marriage?
The term “marital rape” describes non-consensual sexual contact between a spouse—usually a husband—and their partner.
Is rape in marriage illegal in India?
No, unless the wife is under the age of eighteen (as per judicial interpretation), a husband cannot be prosecuted for raping her under Exception 2 to Section 375 IPC.
What constitutional rights are violated?
Articles 14 (equality), 15 (non-discrimination), and 21 (right to bodily autonomy and dignity) are all violated.
Is marital rape a crime in other nations?
Yes. More than 100 countries, including the US, UK, Nepal, and South Africa, have made marital rape a crime.
