Criminalizing Marital Rape in India: Legal Gaps, Societal Impacts, and the Path Forward

Marital rape is defined as a situation where a husband forcefully engages in sexual intercourse with his wife without her consent. This form of rape has been criminalized in over 100 countries, yet India remains among the 36 countries that have not recognized marital rape as a crime. Section 65 of the Bharatiya Nyaya Sanhita (BNS) 2023 defines various forms of rape but does not include marital rape within its scope. Exception 2 of Section 65 of the BNS explicitly states that sexual intercourse or sexual acts between a man and his wife, provided the wife is over the age of 18, do not constitute rape. The lack of legal recognition of marital rape in India can be attributed to several social, legal, and cultural factors. Despite the absence of specific legislation addressing marital rape, available data reveals a rising incidence of such acts, highlighting a violation of married women’s rights. This paper aims to explore the factors contributing to marital rape, its impact on women, and the pressing need to criminalize it in India. Furthermore, it offers suggestions on how the issue can be addressed within the legal framework.