Why It’s Still Legal for Indian Men to Rape Their Wives

In a country with one of the highest rates of gender-based violence, it may come as a shock that marital rape is still not criminalised in India. While sexual assault laws have evolved, they continue to exclude one crucial category—forced sex within marriage.

This legal blind spot denies millions of women their right to bodily autonomy, perpetuating the outdated notion that marriage implies blanket consent. This article explores why the Indian legal system still protects marital rape, the consequences for women, and the urgent need for reform.

What Is Marital Rape?

Marital rape refers to non-consensual sexual intercourse between spouses, typically a husband forcing himself on his wife without her consent. It’s a form of sexual violence that can be physical, emotional, and psychological in nature.

Globally, over 100 countries have outlawed marital rape, recognising it as a violation of human rights. India, however, continues to offer legal immunity to husbands under the garb of tradition and marriage sanctity.

What Does the Indian Law Say?

Under Section 375 of the Indian Penal Code (IPC), rape is defined and criminalised. However, Exception 2 to this section states:

"Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."

This essentially means a man cannot be charged with raping his wife—regardless of her consent—if she is over the age of 15 (amended to 18 in judicial interpretations). Even in cases of extreme physical violence, a woman cannot press rape charges against her spouse.

The 2022 High Court Split Verdict

In May 2022, the Delhi High Court delivered a split verdict in a plea challenging the constitutional validity of marital rape immunity:

• Justice Shakdher: Supported criminalising marital rape and declared the exception unconstitutional.
• Justice Hari Shankar: Upheld the exception, arguing against interfering with the sanctity of marriage.

The disagreement has now left the final decision to the Supreme Court, further delaying justice for victims across the country.

Why Is Marital Rape Still Legal in India?

There are multiple reasons—most rooted in patriarchy, outdated beliefs, and systemic inertia:

1. Patriarchal View of Marriage

The traditional view sees a wife as the property of her husband, with no agency over her body. Consent, once assumed in marriage, is rarely reconsidered by the law.

2. Fear of False Allegations

Some lawmakers argue that criminalising marital rape would lead to misuse of the law. However, such concerns also existed when laws against dowry, domestic violence, and workplace harassment were passed.

3. Political Hesitation

Despite recommendations by law commissions and civil society groups, successive governments have failed to act decisively—fearing backlash from conservative voter bases and religious communities.

4. Lack of Public Awareness

Many women themselves are unaware that what they experience is violence. Cultural silence around sex and abuse within marriage keeps the issue hidden.

The Human Cost of Legal Immunity

Leaving marital rape unpunished has serious consequences:

• Normalises sexual violence: Sends a message that women lose their right to say "no" after marriage.
• Destroys mental health: Victims often suffer from PTSD, depression, and anxiety.
• Traps women in abusive relationships: Legal inaction forces many to endure years of trauma in silence.
• Denies justice: Women cannot access courts for what would be considered rape outside of marriage.

Real-Life Stories (Names Changed for Privacy)

Priya, 32, Delhi

“He would force himself on me every night. I begged him to stop, but he said, ‘You’re my wife, this is my right.’ I felt like a prisoner in my own home.”

Shaheen, 28, Lucknow

“I went to the police. They said I couldn’t file a rape case because I’m legally married. They told me to go back and adjust.”

These stories are not isolated. Thousands of women endure the same violence, only to be met with silence and invalidation from the law.

What Does International Law Say?

• United Nations: Recognises marital rape as a human rights violation.
• CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women): Urges countries to criminalise all forms of sexual violence, including within marriage.
• Global Status: Over 100 countries—including South Africa, the US, the UK, and Nepal—have criminalised marital rape.

India’s failure to follow global norms has attracted criticism from international human rights organisations.

The Role of Religion and Social Conservatism

Opponents of reform often cite religious scriptures or cultural values to defend marital rape immunity. However, marriage in no religion promotes violence or the removal of consent. Reforms have occurred in other conservative nations—so why not India?

What Needs to Change?

To truly protect women and uphold constitutional rights, India must:

• Remove Exception 2 from Section 375 of IPC
• Educate police, judges, and communities about marital rape
• Create survivor-friendly systems for reporting and rehabilitation
• Ensure marital rape is addressed in marriage counselling and women’s helplines

Internal Resources You May Like

• Marital Rape: Global Legal Comparison
• How to Take Care of Your Uterus
• Mental Health Treatment for Survivors

FAQs on Marital Rape in India

Q1. Is marital rape currently a crime in India?

No. Under Section 375 IPC, forced sex by a husband is not considered rape if the wife is above 18.

Q2. Can women take legal action against marital rape?

They can file under domestic violence or cruelty laws, but not specifically for rape. This limits the scope of justice.

Q3. What is the status of the Supreme Court case on marital rape?

As of 2025, the matter is pending before the Supreme Court. Activists await a landmark verdict that could finally criminalise it.

Q4. Are there support systems for victims of marital rape?

Yes, NGOs and women’s helplines provide counselling, shelter, and legal aid. However, stigma and fear still keep many women from reaching out.

Q5. Why do some people oppose criminalising marital rape?

Common arguments include fear of misuse, erosion of family values, or interference in personal matters. These reflect outdated, patriarchal views.