Marital Rape: A Non-criminalized Crime in India

Marital rape means sexual intercourse without the consent of another spouse. It extensively experienced by women, but not exclusively. In India, it shows another side of the societal ideologies or it should be more appropriate to say particle side of our society, in which a man has every right over his wife including sexual intercourse without her consent. Man is considered superior to women over centuries, even in the 21st century where we talk about equality of gender, equality of opportunity, equality of social status but the concept of marital rape is left behind. We have provision for rape, sexual assault, but not for this. Marital rape is criminalized in many countries This article analyses the constitutional safeguard for women against marital rape as every human being has the right to live with dignity even after marriage. It discusses the case laws which provide a brief idea to provide women protection against marital rapes and protect their dignity. Also, this article discusses the current penal system and its flaws in dealing with marital rapes. Further, this article also discusses the recommendations made by law commissions.