Marital rape is a complicated topic nowadays because it is not a crime in India. Our legal system fails to recognise this severe problem of marital rape. It is a serious issue that our legislative system ignores. Currently, there is no appropriate legislation against marital rape. Despite the Justice Verma Committee's recommendation , various bills for the criminalization of marital rape are lagging behind due to gender inequality and society’s mind-set, which doesn't see marital rape as an issue or problem. Further, in Indian culture, marriage is a holy sacrament that requires the wife to give her implied consent for physical intercourse with her husband while they are married. This attitude of Indian society has become the root cause of gender injustice among men and women, and it also never considers martial rape a problem or offence.
The main purpose of this Article is to present a socio-legal analysis of marital rape and the constitutionality of such violence within marriage in Indian jurisprudence. With the help of emerging jurisprudence, this Article highlights, how it is important to criminalise marital rape for the protection of women human rights and for their welfare.