In India, marital rape is not criminalized under IPC 1860 or Bharatiya Nyaya Sanhita 2024. Statistics cited: one woman gets raped by her husband every three seconds; one in three men admits to raping their wives.
In India, it is not considered rape if a married man rapes his wife. According to the government, classifying marital rape as a crime, “can be arguably considered to be excessively harsh and therefore, disproportionate.
Even today, the concept of consent is still to be inculcated in men. Patriarchy has dictated that men are superior to women, and in almost all religions, it is even encouraged. So in this system, the masculine testosterone-driven men have the right to behave with their wives as outside he cannot exercise his will on others. Who is a woman going to complain when such heinous acts are being committed against her? Her family? Her husband's family? The Police? The court? Or the society that is quick to pass the blame to a woman, saying she is dramatizing it.
Harvard Human Rights Journal examines the legal status of marital rape in India, specifically focusing on its continued non-criminalization. Under Section 375 of the Indian Penal Code, an exception persists that shields husbands from prosecution for nonconsensual sexual acts against their wives. This loophole is a vestige of colonial-era doctrines that stripped married women of their independent legal identities. Consequently, this legal framework is presented as a violation of Article 14, which guarantees equality, and Article 21, which protects the right to life and bodily dignity. Current litigation and landmark rulings suggest a growing judicial challenge to these discriminatory practices. Ultimately, the source advocates for the removal of this exception to align Indian law with modern human rights standards.
In Madya Pradesh a judge dismissed a woman’s complaint of her husband committing unnatural sex with her citing the law. Women who are financially dependant on men (once again a result of patriarchy) has to go back to her rapist.
Married young in a love marriage, faced caste?based discrimination from her husband’s family. She endured mental and physical abuse, including marital rape and forced abortions. Eventually, she left him and now seeks justice.
Lawyer Karuna Nundy campaigned to change laws that exempt marital rape. She emphasizes women’s right to say “no” and urges survivors to report, preserve evidence, and seek legal help.
Married women in India can seek a restraining order under civil law or file charges under Section 354 IPC (sexual assault short of rape) and Section 498A IPC (domestic violence). These laws are open to interpretation, and judges technically can impose prison sentences for sexual assault when a wife alleges rape. Many judges do not apply these provisions, leaving survivors without justice, as lawyer Karuna Nundy points out.
- Indira Jaising’s stance: The senior lawyer is pushing to outlaw marital rape in India, stressing that striking down the exception would benefit many women. She urged courts to treat the issue with urgency, saying fast?tracking cases would signal that violence against women matters.
- Invisible crime: Jaising highlighted that marital rape has long been ignored, leaving survivors with “nowhere to go.”
Survey data: According to India’s 2019?2021 National Family Health Survey:
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- National Family Health Survey (NFHS?5, 2019–21)
- 17.6% of women aged 15–49 said they could not refuse sex with their husbands.
- 11% believed husbands were justified in beating wives if they refused sex.
- These figures highlight deep cultural acceptance of coercion within marriage.
- Hospital & Police Data
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- A study of 1,664 rape survivors in Mumbai hospitals (2008–2017) found 18 women reported marital rape, but none were registered as rape cases by police.
- Police explicitly told some women they could not act because marital rape is not a crime.
- Academic & NGO Estimates
- Research cited in legal journals estimates one Indian woman is raped by her husband every three seconds, and one in three men admit to raping their wives.
- These figures underscore the scale of hidden violence despite lack of official recognition.
- NCRB Data (2025 Projections)
- India recorded/projection of 26,000+ rape cases nationwide in 2025, but marital rape cases are excluded since they are not criminalized.
- Rajasthan, Uttar Pradesh, and Madhya Pradesh lead in reported rape cases, but these numbers do not reflect marital rape prevalence.
Historical & Jurisprudential Background
- Rooted in patriarchal doctrines like coverture and sex?role socialization, which treated women as property or subordinate.
- Western nations began criminalizing marital rape in the late 20th century, influenced by second?wave feminism.
- India still retains the Exception 2 to Section 375 IPC, shielding husbands from rape charges.
International Obligations
- UN CEDAW (2013) urged India to end marital rape immunity.
- India’s exemption violates CEDAW, UDHR, and ICCPR, which guarantee equality and dignity regardless of marital status.
- Internationally, 150 countries criminalize marital rape; India is among 36 that do not.
Constitutional Point of View.
Violation of Article 14 (Equality before Law)
- Exception 2 to Section 375 IPC exempts husbands from rape charges, creating two classes of women — married and unmarried.
- This distinction is arbitrary and discriminatory, as the consequences of rape are the same regardless of marital status.
- Supreme Court rulings (Budhan Choudhary v. State of Bihar, State of West Bengal v. Anwar Ali Sarkar) require classifications under Article 14 to have a rational nexus to the law’s objective.
- Exception 2 fails this test, undermining the purpose of Section 375 (to protect women from rape).
- It effectively encourages husbands to coerce sex, knowing they are legally immune.
?? Violation of Article 21 (Right to Life & Personal Liberty)
- Article 21 guarantees rights beyond mere existence — including privacy, dignity, health, and bodily integrity.
- Courts have repeatedly upheld that sexual violence violates privacy and dignity (State of Karnataka v. Krishnappa, Suchita Srivastava v. Chandigarh Administration, Justice K.S. Puttaswamy v. Union of India).
- The right to refuse sexual activity applies to all women, married or unmarried.
- Exception 2 denies married women this right, forcing them into coercive sexual relationships and undermining their dignity and health.
Counterarguments Against Criminalization
- Some argue that marriage is sacred and that criminalizing marital rape could destabilize society.
- Concerns exist about false cases being filed against husbands.
- Medical proof of marital rape is often difficult, creating evidentiary challenges
Arguments Against Criminalization
- Some judgments (e.g., Dastane v. Dastane) emphasize sex as integral to marriage.
- Opponents argue criminalization could “interfere with the institution of marriage” and that conjugal expectations differ from stranger rape.
Marital rape in India remains a civil wrong, not a criminal offence, despite constitutional guarantees of equality and dignity. It urges criminalization as essential for justice, aligning India with global standards and fulfilling its human rights obligations. For the arboitraty fear of fake cases by the prvieleged men and the misogisnt society it still remains decriminalized. nearly 1 in 5 married women report being unable to refuse sex.
I for one strongly advocate Dr. Ambedkar’s view on marriage.
“Give education to your children. Instill ambitions in them… Don't be in a hurry to marry: marriage is a liability. You should not impose it upon children unless financially they are able to meet the liabilities arising from them… Above all let each girl who marries stand up to her husband, claim to be her husband's friend and equal, and refuse to be his slave."
The Solution:
- Educating and recognizing the problem is the first step.
- Expand remedies to include criminal liability, not just civil protection orders.
- Mandatory registration of complaints, with penalties for refusal.
- Standardized procedures for documenting sexual violence within marriage.
- Ensure survivors have access to lawyers and fast?track courts
- Most importantly, educate communities that CONSENT applies within marriage.
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