Marital Rape: Alien To Our Penal Jurisprudence

Marital Rape: Alien To Our Penal Jurisprudence! Do you know that 36 countries in the world have not yet criminalized Marital Rape & India is one of them?

Section 375 of The Indian penal code (IPC) considers forced sex in marriages as a crime only when the wife is below age 18. Thus, marital rape is not a criminal offense under the act. Marital Rape victims have to take recourse to the PWDV (protection of women from domestic violence) Act 2005.

Marital Rape: Alien To Our Penal Jurisprudence

One in every 3 women in India between the age of 18 and 49, who have ever been married stated that they have experienced some form of sexual violence from their spouses.

In simple words, India’s rape laws do not apply in cases where the perpetrator is a spouse. Multiple petitions have been filed across the country to criminalize Marital Rape. Unfortunately, none of them have reaped any benefits yet.

In 2015, a petition was filed by a woman dismissed by the Indian Supreme Court stating that “Law shall not change for any one woman”.

In the Arnesh Kumar vs. the State of Bihar, the apex court held that criminalizing Marital Rape will collapse social & family systems.

Last year in 2021, a division bench of the Kerala High Court stated that Marital rape is a sufficient ground to claim divorce.

The woman in the said case accused her husband of forcibly having sex with her when she was sick, bedridden, and even on the day her mother died. She also said that she was subjected to unnatural sex and forced to have sex in front of their minor daughter.

– A post written & presented by IND Hindi Tech 

Personal Note:

I hope this post is enough to let you know about the legal status of Marital Rape in India. Last year, one of my very close friends was brutally raped by her husband & later, we filed a case in Patna High Court. Hence, it is always good to know a person for at least 6 months before getting married. In her case, it was an arranged marriage. She didn’t know much about the boy. All she knew was – the boy is very rich and handsome, and has his own house and car, as informed by her parents.

Click here to know more about the PWDV (protection of women from domestic violence) Act 2005, Go through the below pdf!

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Frequently Asked Question

Marital Rape Status in India UPSC

In order to know the marital rape status in India UPSC please go through the above article i.e “Marital Rape: Alien To Our Penal Jurisprudence”

Is marital Rape Legal in India?

There is no such law regarding this.

What IPC section 365 Tells us?

Section 375 of The Indian penal code (IPC) considers forced sex in marriages as a crime only when the wife is below age 18. Thus, marital rape is not a criminal offense under the act.

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