By Soumyashree Mohanty
Recently, the Chhattisgarh High Court acquitted a 40-year-old man accused of raping his wife. The court ruled that a husband having sexual intercourse with his adult wife, even without her consent, is not a crime. Yes, you read it right. This verdict has sparked debate and raised important questions about the laws that govern our society.
Marriage and family are considered the foundation of civilization. In India, they hold deep cultural and social significance. Over time, society and the judiciary have created both written and unwritten rules to maintain balance in these institutions. But how fair is it when these rules take away a woman’s basic right to consent?
This judgment forces us to reflect on the realities of marital relationships in India. Who decides what is acceptable within a marriage? Should a woman lose her autonomy just because she is married? Does a husband’s right override a wife’s right to her own body? These questions highlight the gender inequality deeply rooted in our legal and social systems.
Are Women Truly Equal Before the Law?
The Indian Constitution guarantees equality for all citizens. Article 14 states that every individual is entitled to equal protection of the law, regardless of gender. However, in cases like these, does a woman truly get justice?
Laws that allow a husband to force himself on his wife without consent clearly violate this principle of equality. If a woman’s consent is important outside of marriage, why does it lose value once she is married? The judiciary, which is meant to uphold justice, must answer these fundamental questions.
Understanding Marital Rape in India
Marital rape refers to forced sexual intercourse between spouses without consent. In most parts of the world, rape is considered a crime, regardless of the relationship between the victim and the perpetrator. However, in India, the legal system views marriage differently.
Under Section 375 of the Indian Penal Code (IPC), rape is defined as forced intercourse with a woman without her consent. But Exception 2 to this law states that if the wife is above 15 years of age, forced sex by her husband is not considered rape.
This provision contradicts other legal protections for women. The legal age of marriage in India is 18 for girls and 21 for boys. So, under the law, no girl should be married before 18. Yet, the law still refers to the age of 15. This outdated rule raises a serious question—why does the law protect a girl under 15 but fail to protect a married woman?
Why is Marital Rape Not Criminalized in India?
India is one of 34 countries where marital rape is still not recognized as a crime. According to Amnesty International, most of these countries are developing nations where traditional values still dominate legal decisions.
One of the biggest arguments against criminalizing marital rape in India is that it may “weaken” the institution of marriage. Many believe that a husband has a right over his wife’s body after marriage. Some also fear that recognizing marital rape could lead to misuse of the law. But does that mean women should be denied justice?
Marital rape is not just about physical violence. It is a violation of a woman’s dignity, mental well-being, and fundamental rights. When a woman is forced into sex against her will, she experiences deep emotional trauma. Many victims remain silent due to societal pressure, family expectations, and lack of legal support.
Women Silenced by Custom and Tradition
In Indian society, women are often not given a voice in matters that concern them. Their opinions are overlooked in the name of tradition, customs, and societal norms. In many cases, they are not even asked for their consent, whether it is about marriage, childbirth, or their personal choices. The idea that a wife must submit to her husband no matter what has been normalized to such an extent that many women do not even realize they have a right to refuse. The law must ensure that both men and women are treated equally and protected from violence—inside and outside of marriage.
Time for a Change
Marital rape laws in India need urgent reform. Marriage should not be a shield that allows a husband to force himself on his wife. The consent of partners must be valued in every relationship, including marriage.
It is time to challenge outdated beliefs and push for laws that truly uphold equality. Justice should not be selective. If forced sex is a crime for an unmarried woman, it should also be a crime for a married woman. Women deserve dignity, respect, and the RIGHT TO SAY NO.
(The author is a Research Associate at CYDA)
