An Overview on Criminalizing Marital Rape in India

Women are among the most vulnerable population group in society. Sexual offences are the outcome of patriarchal phenomenon which is deep rooted in our socio-cultural environment. Sexual violence is omnipresent into a family. Rape within marriage definitely holds a serious concern as it is derogatory to the core of womanhood. The history of considering marital rape as an exception gets its moorings from the ancient patriarchal social phenomenon where the patriarchy finds it justifiable too. The IPC 1860 does not criminalise marital Rape, it does not recognise that a forcible sex between a husband on his wife could amount to rape. Even the Legislature is not interested in updating the law on marital rape and criminalise it. Many countries all over the world has criminalised marital rape as it is a violation of fundamental rights. Therefore, this is the high time for the Legislature to take steps towards the criminalisation of marital rape in India.