Marital Rape in India: Legal Loopholes and the Struggle for Justice?

 

Introduction

India remains one of the few countries where marital rape is not recognized as a criminal offense. The recent acquittal of a man accused of raping and causing the death of his wife has reignited debates over the urgent need for legal reform. While many activists and legal experts have called for changes to protect married women, strong resistance persists from the government, religious leaders, and men's rights activists.

Legal Status of Marital Rape in India

Country

Marital Rape Criminalized?

United Kingdom

Yes (since 1991)

United States

Yes (all 50 states)

Canada

Yes (since 1983)

Australia

Yes (since 1991)

India

No

 

Despite numerous petitions, Section 375 of the Indian Penal Code still provides an exemption for husbands, allowing them to engage in non-consensual sex with their wives unless the wife is under 15 years old.

Alarming Statistics on Domestic and Sexual Violence

Type of Violence

Percentage of Married Women Affected

Physical, sexual, or emotional abuse by husband

32%

Sexual violence by current husband

82%

Cases of sexual violence reported

Less than 10%

Many women do not report sexual violence due to social stigma, lack of legal protection, and fear of retaliation.

Implications of the Recent Acquittal

The Chhattisgarh High Court ruling acquitting a man despite his wife’s dying declaration has sparked outrage. Legal experts argue that the ruling sets a dangerous precedent and reflects the failure of the Indian legal system to provide justice to victims of domestic sexual violence.

Need for Reform

1.       Criminalization of Marital Rape: Amending Section 375 IPC to remove the exemption.

2.       Awareness and Legal Support: Strengthening support systems for survivors.

3.       Education and Social Change: Addressing cultural attitudes that normalize spousal violence.

Conclusion

Without legal recognition of marital rape, India continues to deny millions of women their fundamental rights. The demand for change is not about targeting men but ensuring women’s safety and dignity.

References

1.       Government of India National Family Health Survey (2023)

2.       BBC News, "India Anger as Judge Frees Man Accused of Raping Wife" (2025)

3.       UN Women, "Global Status on Marital Rape Laws" (2024)

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