Marital Rape in India; Exception 2 of Section 375 of IPC - A Legal Shield

Marriage is divine bond between two individuals and but in present its essence has turned into a contract. From antiquity, woman as a child is considered a property of a father and after marriage of her husband but with time the scenario has major legal development by recognising rights of woman under the laws and also recognising her as an individual. In India rape is a heinous offence and with time-to-time amendments are made for its strict enforcement. But when it comes to marital rape it’s still a question whether to criminalize it or not. Marital rape means a forced non-consensual sex with one’s own wife; it is believed that marriage gives man full rights on woman’s body and can demand sexual relations at any time. In past two to three decades cases relating to marital rape have received public attention only after women raised their voice against the mishappening happening at their own home and the demand for equal rights towards married women’s right on their bodies. The concept of implied consent in matrimonial relation has become its identity which needs to be changed. Under Indian Penal Code, 1860 major married woman have no protection against marital rape, after enacting Bharatiya Nyaya Sanhita, 2023 the issue is still unaddressed. Here, it can be seen that law distinguished between unmarried and married women and impacting the physical and emotional well-being violative Article 14 and 21 of the Constitution of India. Here, marital rape is examined in Indian context. The research paper would be addressing the historical background to present legal scenario. The exception provided under the penal laws creating distinction between married and unmarried woman and its adverse effects on her anatomy. There are concerns relating to criminalising marital rape would impact the institution of marriage the same would be addressed under this paper stating arguments in favour as well as the arguments against it. Also addressing the remedies available to the victims of the marital rape.