The Unconstitutional Immunity to Marital Rape: Judicial Perspective

Marital rape is one of the most gruesome decriminalized practices in India which results in plethora of human rights violations against married women. The sad reality behind such a cruel practice is the stereotypical society that accepts sexual violence against married women as just another part of the marriage and does not provide solution to such problems. This stereotypical society rather than punishing the perpetrating husband, expects the wife to adjust to the needs of the husband in order to carry forward the social institutions of marriage and marriage and family at the expense of her basic human rights. India is one of the 36 countries around the world where marital rape is not illegal. The exception to marital rape is enshrined in the Indian law through Exception 2 to Section 375 of Indian Penal Code. The UN Population Fund found that more than two-thirds of married women in India, between the ages of 15 to 49 have beaten, rape, or forced to provide sex. This paper discusses the various rights of women recognized by the judiciary through plethora of judicial pronouncements and the judicial stand on the issue of marital rape.