WHAT IS MARITAL RAPE? ITS STATUS IN INDIA- LEGAL OR ILLEGAL?

3/16/20243 min read

Marital rape refers to intercourse between husband and wife against the wish and consent of the wife. The consent for intercourse between husband and wife is absent. One spouse forces himself upon another spouse.

According to Section 375 of IPC,

A man is said to commit "rape" if he--
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
under the circumstances falling under any of the following seven descriptions:
First
- Against her will.
Secondly
- Without her consent.
Thirdly
- With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
Fourthly
- With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly
- With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly
- With or without her consent, when she is under eighteen years of age.
Seventhly
- When she is unable to communicate consent.

Explanation 1.For the purposes of this section, "vagina" shall also include labia majora.
Explanation 2
.Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception 1.A medical procedure or intervention shall not constitute rape.
Exception 2
.Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

[In October 2017, Supreme Court of India increased the age group to 18 years.]

This issue is very common and seen in various parts of India. Unfortunately, India does not commit this as an offence. According to National Crime Records Bureau, Crime in India of 2019 , nearly about 70% of women in India are victims of Domestic Violence. According to Survey, nearly 30% of the women are victims of Marital Rape. Your Legal World doesn't support such activities and assists the women and men who are victim of such cases. Your Legal World give their clients the best aid to such victims.

However, in India there are few cases where marital rape was pictured as follows :

1) In the case of Karnataka v/s Krishnappa, the the court stated that sexual abuse is completely a very unjust act against women either married or unmarried. It was also mentioned in this judgement that sexual intercourse without consent will be considered as sexual and physical abuse.

2) In the case of Justice Puttuswamy v/s Union of India the court held that the right to privacy is a basic fundamental right for all citizens of India. ' Right to make intimate decisions' regarding sexual activities is also included in this.

Its very hard to know that section 375 of IPC is de-criminalized in India. Its very shameful and hard to believe that marital rape still persists in our country. Adv Minal Kohli is one of the prominent lawyer in Mumbai to handle such cases and provides best possible solutions to deliver justice to her clients. She has good experience on handling such cases and use all her resources to provide best legal aid to her clients.