Abstract

Rape is not only an offence against the woman but also a serious threat to society at large. Considered as one of the most heinous crimes, rape excruciates women to the very core. When such an evil act occurs behind the facade of marriage, it not only affects the woman physically but also puts a distressing effect on her emotional and mental state. Yet not criminalizing marital rape shows the presence of a male-dominated orthodox society where a woman acquires the status of an object used only for sexual satisfaction. Rape is always a rape whether it is done by the husband of the woman or by any stranger. Thus marital exemption is in no way justifiable in our Indian society where women have all the right to live a free and dignified life. It also poses a great threat and impediment in accomplishing the objective of gender equality and justice in the country. But, unfortunately, the Indian Penal Code, 1860 refuses to acknowledge that it is a crime for a husband to rape his wife, implying that marital rape is not a crime in India. This research paper, henceforth, will primarily focus on the concept of marital rape, its evolution, theoretical bases, and its validity in light of constitutional provisions. It will also highlight the dire need for proper legislation to put an end to the menace of marital rapes. At the end of the paper, we arrive to the conclusion that it is utterly essential to declare marital rape unlawful and advocate changes to the criminal law as a model for the same.

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