Trigger Warning: This article contains discussion of sexual violence and legal injustice that may be disturbing to some readers.
In 2025, one fact remains painfully unchanged in India: marital rape is still not a crime. While most countries around the world have recognized that non-consensual sex within marriage is rape, India continues to deny full legal protection to its married women.
What Is Marital Rape?
Marital rape is when a spouse forces their partner to engage in sexual activity without consent. It is rape — regardless of marital status, love, or tradition. Yet in Indian law, that distinction does not exist.
Section 375 of the Indian Penal Code (IPC) still includes Exception 2, which states: “Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”
This clause effectively legalizes sexual violence within marriage — leaving survivors without criminal recourse.
Why It’s Not Criminalized in India
- Marriage is treated as “implied consent” by law — a deeply flawed concept
- Societal norms prioritise male authority and “family honour” over bodily autonomy
- Lawmakers fear “misuse” of the law, despite lack of data supporting this
- Patriarchy, religious conservatism, and political silence fuel the status quo
What Survivors Go Through
Marital rape survivors often suffer in silence. They face:
- Emotional trauma from betrayal by a trusted partner
- Shame and victim-blaming from family and community
- No access to criminal justice — even if they report it
- Barriers to medical care, shelter, and legal protection
Is India Alone in This?
No. But it’s part of a shrinking group. As of 2025:
- Over 150 countries have outlawed marital rape
- India, along with a handful of nations, still allows this legal loophole
- UN and human rights organisations have repeatedly urged India to act
Real Stories, Real Silence
“He raped me almost every night. But no one believed me because he’s my husband.” – Anonymous, survivor from Delhi
“I went to the police. They said, ‘Go back to your husband. This is your duty.’” – Survivor, Mumbai
What the Courts Say
- In 2022, the Delhi High Court delivered a split verdict on criminalising marital rape
- The case was escalated to the Supreme Court — but no final ruling yet
- Some judges argue it violates Article 14 (equality), others worry about false accusations
Why Criminalizing Marital Rape Matters
- Marriage should not override consent
- All survivors deserve access to justice — regardless of relationship status
- Legal reform sends a message that abuse is never acceptable
- It protects not just women — but the future of gender equality in India
What You Can Do
- Raise awareness — talk about marital rape openly
- Support survivor-led organisations and legal reform groups
- Educate others on consent — yes, even in marriage
- Call for the removal of Exception 2 from Section 375 IPC
Want to Read More on Related Topics?
Why Does My Partner’s Family Not Accept Me?
Signs You’re Being Emotionally Controlled in a Relationship
FAQs
Q: Is marital rape illegal in India?
No. As of 2025, marital rape is still not recognized as a criminal offense under Indian law.
Q: Can survivors take civil or divorce action?
Yes — under domestic violence laws and family courts. But criminal prosecution for rape is currently blocked by the marital exception.
Q: Has any Indian state criminalised it separately?
No. Criminal law is governed at the national level. However, some courts have taken progressive stances in divorce or protection matters.
Final Word
Rape is rape — whether by a stranger or a spouse. Until Indian law recognises that, countless survivors will remain unheard, unprotected, and unseen. The time to repeal Exception 2 is now. Because consent should never end with “I do.”