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  • Paras Sharma

Marital rape: still a non- criminalised crime in India

Written by: Yukti Bhardwaj, Student, Raffles University


“A HAPPY MAN MARRIES A GIRL HE LOVE; A HAPPIER MAN LOVES THE LADY THE MARRIED.” In India, we worship goddess as girls But We sleep in a rustic where women are sold during a pretext of dowry, a rustic where women are told to regulate when, a rustic where women are considered as sex objects, where girls are told that their in-laws are there new parents, a rustic where women are underprivileged of studying further only for the cause that the oldsters desire to hoard money for her marriage. Yes, you read it o.k. we live in a country where Nirbhaya was raped just for the reason that the rapist sought to instruct her a lesson that she is a girl and should not stray outside at the late hours of darkness. By the occasion you read this, a woman was raped in India according to testimony in every 22 minutes a rape gets stanched. Marital rapes have not been criminalized in India to date just because the patriarchal and sexiest society thinks that marriage is a pure alliance and if marital rape would be criminalized it would lead to the dispute flanked by the families.

Statics of marital rapes in India

According to report of The National Family Health Survey(NFHS) 75% of ladies are raped by their husband in India, International Center For Research On Women (ICRW) says that each 5 out 1 rapes his wife daily, global organization (UN) report states that two-third of violence thanks to sex. UN has often suggested India criminalize marital rape as 80 countries have criminalized marital rapes within the late 20th century. When involves making Indian women feel special we stand with Argentina, Algeria, Kingdom of Saudi Arabia, Pakistan, plenty of more. There are over 36 countries that have not criminalized marital rape and India is one amongst them. We frequently discuss feminism, many that publish articles daily discuss equal rights for women but when it comes to consent for sexual relations the consent of a woman is not at all mandatory as she is a sex slave who is bound to satisfy her husband. In 2013 a 27-year girl who faced statutory offense and was raped by her husband affirmed that her husband used to hit her daily which night he hit on her head 17 times and then inserted a torchlight into her clandestine parts. The girl didn’t get sustain from the family as she did an inter-caste marriage. The police didn’t register an FIR against her husband because it was a matter of individual, not the public concentration. constant when the wife’s reach to the crime against women cell (CAW) with a grumble against their husband they often told to adjust as it is women's responsibility to save the marriage and it happens with all.

Remedies accessible to women underneath Indian law

The solitary remedies under the law for women are section 375 of IPC, 1860 which defines Marital Rape refers to undesirable sexual intercourse by a man with his wife which is achieved by unlawful force, threat of force, or physical violence, or when she is incompetent to present her consent to such sexual intercourse when the wife is below the age of 15 years as a minor. Another remedy which Indian law provides to women is under section 498a of IPC Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall even be prone to fine. After 2017 an amendment has been made in this section in prior times the police had to linger for the forum report to register an FIR against the husband to substantiate that the matter is real but anon afterward now the police have to register FIR against the husband as soon because the wife reaches police station and carp. And then too if the police don’t register the FIR the police will be held liable. on the other hand, too from here, we can see that there is no such remedy for women against marital rape if she wants to sue her husband she has to file a case against domestic violence, sexual violence or dowry as India doesn’t criminalize marital rapes.

Honor Killings In India

The practice of honor killing is followed in India from primordial times and still has been followed to date. Honor crime killing is an outline of a felony that is unswerving within the family. The basis of such a crime is the violation of patriarchal norms and rules established by an explicit community. In India, there are about 1000 honor killings per year committed in India. The reason behind honor killing is having extramarital affairs, rape victims, homosexual relations, or dressing in western ways and adopting western culture which is against the norms of their culture. In Hindu society, “Gotra” means the “clan” and it is believed that people should marry within their community with their common male ancestors. Honor killing violates articles 14, 15, 19, 21, and 39 of the Indian constitution. On 16th November 2014, Delhi witnessed the foremost heinous crime of honor killing where a 21-year old well BHAVNA educated student from Delhi University was brutally killed and burnt by the relations in an exceeding village as she did an inter-caste marriage. When parents came to know about their marriage they called their daughter and son-in-law Janakpuri and told the daughter to stay with them to cite they need to do some family rituals but Bhavna on no account returned home and picked calls. When the husband that his wife is not anymore on 16th November he filed an FIR against the relations anon later on this matter was taken to court there the oldsters said that Bhavna was bitten by a snake and died due to poison. Therefore they did her funeral ceremony by ablaze her body according to Hindu ritual but the court detained that the oldsters and uncle were accountable for honor killing and was sent behind the bars.

Threats of criminalizing marital rapes in India

It is believed in India that “NAAR OR NAGADE PITNE SE HI SAHI RHETE H”! Isn’t disgusting you've got to make sandwiches and juice the next morning for the same man who raped you last night.

Why India doesn’t criminalize marital rape is because in India marriage is a pure alliance and also the concept of marital rape will ruin Indian culture. The justice J.S Verma report after the Nirbhaya case of 2014 stated that marital rape should be treated as a felony but the houses of parliament redundant the proposal. Mr.Venkaiah Naidu stated the rationale that this will lead to disputes between the families than will be more husbands behind the bars than at home. In India, we are facing difficulty in criminalizing marital rape because of immature and orthodox mentality society and therefore the complexity of marriage and divorce laws. The Government even fears of getting misuse of laws due to corruption. A 75-year-old man in Madhya Pradesh committed suicide because his daughter in law used to accuse him daily that he raped her and accustomed extort for his property. Over 100,000 cases are filed under section 498a of IPC from which 14% cases are false cases. So there is a need for a centralized unit of crime in India. Maneka Gandhi who used to be the minster of child and women development stated that there is no such concept like marital rape in India it is understood internationally and we can’t criminalize it due to factors like the rate of illiteracy and poverty.


If marital rapes will be criminalized in India then to the condition of women would be worst as it would take 13 years for a woman to get a verdict, then the husband would be out with help of bail within 2 hours and 48 hours later his conviction will get suspended. India needs to increase the level of punishment and the speed to deliver justice for such heinous crimes. Just because she has got breast doesn’t mean you can rape her, just because you had a bad day you cant take out your frustration on her, just because you married her doesn’t give you license for manipulating her and yes you need her consent each time you want to get intimated with her. The war has just begun and it is just a starting, many more difficult times are there to come so women speak up, speak up and raise your voice.


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