Marital Rape: An Examination of Legal and Social Perspectives in India

Abstract

This paper delves into the nuanced understanding of marital rape within the context of Indian law and society. While traditional definitions of rape focused on non-consensual intercourse involving impersonation, common law has expanded the definition to encompass non-consensual intercourse without consent, encompassing elements of force, fear, or fraud. This evolution traces back to historical perceptions of ravishment as trespass, later evolving into a capital felony, and eventually being penalized with overseas transportation before transitioning to life imprisonment. India's legal stance on marital rape diverges, considering it an offense only if the wife is under 15 years old. Even with the enactment of the Protection of Women from Domestic Violence Act in 2005, marital rape continues to be classified as a form of domestic violence. Section 498 of the Indian Penal Code broadens the concept of a husband to encompass individuals who have assumed a husband-like role through marriage-like arrangements. Mental cruelty is recognized and penalized under this statute, thereby revealing the Indian Constitution's commitment to ending gender discrimination, albeit with certain gaps in legislation. The analysis also highlights the conflict between exceptions in Section 376 of the Indian Penal Code and married women's fundamental rights and privacy. The repercussions of marital rape extend beyond the wife, affecting children as well. As such, there is a pressing need to advocate for the criminal prosecution of marital rape. By shedding light on the complex legal and social dimensions surrounding marital rape in India, this paper contributes to the discourse on women's rights and gender equality on an international platform.