Marital Rape

Why in News?

Shashi Tharoor has recently introduced a private member’s Bill in the Lok Sabha to remove the marital rape exception in criminal law.

• Marital Rape – The act of sexual intercourse with one's spouse without the spouse's consent, usually done to a wife or woman by her husband.
• It is also referred to as 'spousal rape', which is not a crime in India.
• National Family Health Survey (NFHS-5, 2019-2021) – It found that approximately 6% of ever-married women aged 18-49 in India reported having experienced sexual violence by their husbands.
• The survey also indicated that nearly one in three women had experienced some form of spousal physical or sexual violence.

Provisions related to Marital Rape

• Section 63 of Bharatiya Nyaya Sanhita (BNS), 2023 (Section 375 of the IPC) – Marital rape is not a specific criminal offence under the penal code if the wife is over 18 years of age.
• Protection of Women from Domestic Violence Act (2005) – Marital rape is treated as a form of domestic violence, and prescribes a lighter penalty compared to non‑marital rape.

Legal provisions that guaranteed women's rights

• Provisions that guarantee women the fundamental rights to dignity, liberty, safety, etc, are under Articles 14, 15, 19 and 21.

Justice Verma Committee Report (2013)

• The committee explicitly called for the removal of the marital rape exception in IPC Section 375.
• It argued that marriage cannot be a license to violate a woman’s bodily integrity.

India ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993, committing to eliminate discrimination against women in law, policy, and practice.

Related Judgements

• Independent Thought v. Union of India, 2017 – The SC ruled that sexual intercourse with a wife under the age of 18 constitutes rape, thereby striking down the marital exception in IPC Section 375 for minor wives.
• Joseph Shine v. Union of India (2018) – The SC decriminalized adultery, holding that a wife does not forfeit her individuality or constitutional rights upon entering marriage.
• Other Relevant High Court Cases
  • X v. State of Uttarakhand (2024) – Addressed marital rape allegations in the context of cruelty under IPC Section 498A.
  • Manish Sahu v. State of Madhya Pradesh (2024) – Examined forced sex within marriage under domestic violence frameworks.
  • S v. State of Maharashtra (2024) – Raised questions about marital rape in criminal proceedings.

To know more about marital rape, click here

To know more about marital rape, click here

References

Indian Express | The marital rape exception in criminal law is a colonial relic.