Criminalization of Marital Rape in India

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Prof. Sunishtha Moghe, Sanjana Saha,


Rape is nothing new in our world, this crime is very old just like Adam. Rape is like a weapon used on women by men and this practice is going on for many centuries. Stranger rape is very different from marital rape. Rape has been criminalized in the world but marital rape has not even been criminalized and many authorities and agencies have not paid attention also to this type of crime. Marital rape is not criminalized in many countries.

Marital rape means sexual relationship between husband and wife where the consent is not given willingly but it is compelled or forced or has taken place due to some threat, fear or danger. It is a very violent act against the women. Women are looked as chattel or objects for sexual pleasure. This type of rape violated the integrity, dignity and also destroys the self respect of the women as it occurs in her matrimonial house.

In this paper the researcher will analyze the evolution of rape law in India in the first part. In the second part the researcher will discuss the arguments for criminalization of marital rape and also the arguments against the criminalization. In the third part the researcher will give suggestions and an analysis to why criminalization is necessary.

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