Marital Rape

“Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

Nevertheless, the world’s largest democracy slips far behind terms of legislative development and revisions in response to evolving societal needs. One of the causes for this is the backlog in case resolution. Marital Rape Legislation is the same way.
The law has always been ambiguous when it comes to marital rape. Women all across the world, not only in India, are victims of marital rape. People began to demand justice and adequate regulations on marital rape as society progressed. India is one of the thirty-six countries that have not yet made marital rape a crime. All of these countries have their own legal opinions and justifications for not criminalising.
The perception of marital rape varies greatly from country to country. Deem on this stumbling block has always been out of sync. Some Islamic countries, including as Afghanistan, Algeria, Bangladesh, and Pakistan, discuss the concept of shariyat and the role of their customs in not criminalising marital rape. China is a country where the law protects same-sex couples and victims of violence.

What is the most common form of rape in India?
The definition of rape established in Section 375 of the Indian legal code covers all types of statutory offences including non-consensual intercourse with a woman (IPC).
The non-criminalization of marital status rape is permitted in India under Exception a couple of to Section 375.
On the other hand, unwanted sexual activity between a husband and a woman over the age of fifteen is exempt from Section 375’s definition of “rape,” and hence is not punishable.
Following the establishment of marital status relations, it is possible for a better half to transmit her husband’s eternal consent to have sex with her.

Both legal and constitutional rights may be violated by marital rape.

1. The non-criminalization of marriage rape stretches back to the nation-state era, according to the Coverture Doctrine. The practise of matrimonial rape profoundly affected and developed the idea of combining a woman’s identity with that of her husband.
When the IPC was founded within the decade, a mate was not considered a separate legal entity.
The IPC’s marriage exemption was created in response to Victorian paternal ideals that denied men and women equality, prohibited married women from holding property, and dissolved husband and mate identities under the “Doctrine of Coverture.”
2. Matrimonial rape may constitute a breach of Article 14 of the Indian constitution, which guarantees equality.
The Exception separates women into two groups based on their legal status and prevents men from committing crimes against their wives.
As a result of the Exception, married women might be persecuted purely because of their support, although single women are protected from similar offences.

3. Section 375 of the Indian penal code is designed to protect women while punishing those who commit rape.
Exempting husbands from societal control, on the other hand, goes against the aim, because rape has long-term consequences regardless of whether or not a woman is married.
Married ladies may also find it more difficult to flee abusive situations because they are de jure and financially linked with their spouses
4. Health, privacy, dignity, safe living conditions, and a safe environment are among the rights guaranteed in Article 21, according to the Supreme Court’s innovative interpretation.

Conclusion
In India, husbands and wives today have separate and independent legal identities, and most current jurisprudence is particularly concerned with women’s safety.

As a result, it is past time for the legislature to recognise this legal flaw and repeal Section 375 (Exception 2) of the IPC, bringing marital rape under the jurisdiction of rape legislation.