Criminalization of Marital Rapes: A Need of the Hour

New law college, Bharti Vidypeeth Deemed University
Pune, Maharashtra, India

Volume II – Issue III, 2019

Marital rape is socially accepted crime in India. Marriage is a legal license to husband for having sexual intercourse with his wife even without her consent. In this article author is focusing on the incompetency of law rather than the social approval. In constitution of India Article 21 provides citizens to live a life with dignity. But in cases of marital rapes, dignity of a woman is always harmed. When we are considering consent as a key element in cases of rapes, then why are we ignoring it in case of a married woman. Under this contention author questions the constitutional status of our legal system. Marital rape is expressly denied in Indian Penal Code. As the exception 2 of Section 375 expressly says wives are exception to rape. Does that mean we are providing a husband privilege of raping his wife or providing him safeguard against such an inhumane conduct? Under this section author is questioning the ability of law and the hypocrisy is when it is accepting the marital rape in case of seprated husband and wife but not in the case of husband and wife living together. Above position of law is prima facie vague and in dire need of changes. Also the law commission have given reckless explanations and vague grounds for not criminalizing marital rape. The article is discussing these law commission reports extensively. Also the safeguard present in the current legal system for marital rapes are not adequate and need a reform. Lastly the article provides the recommendations for betterment of law and current situation.


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