Marital Rape: Malediction of Society to Women

Abstract

Despite the increased recognition of various Penal laws in India, the Indian Penal Code, 1860 does not criminalize Marital Rape under the provision of section 375, as it does not recognize it as a crime for a husband to rape his wife. In this thesis, I will try to depict how these arguments advanced for not criminalizing marital rape are erroneous. This Thesis talks about the criminalization of marital rape, whatever form the rape may be analyzed. Any forceful sex without the spouse consent will amount to Rape. This Thesis will also discuss why identification of marital rape should come under one of the Explanations of “Rape” as defined under sec 375 of IPC. Through a critical analysis of Article 14 of the Indian Constitution, we argue that the marital rape exception clause found in the Indian Penal Code, 1860 is wholly unconstitutional. Further, we note the lack of existing alternative remedies for a woman to seek redress under the law if she is raped by her husband. I would conclude on the note that criminalization of marital rape is wholly necessary and also propose a model for the same by suggesting amendments to criminal law as well as noting changes required in civil law, particularly, the law relating to divorce.