Criminalization of Marital Rape in India

Abstract

The term marital rape or spousal rape means an act of sexual intercourse with one's spouse without the spouse's consent. The essential element of the marital rape is lack of consent of the spouse and need not involve violence. In other word marital rape is considered a form of domestic violence and sexual abuse. At present, only 52 countries have laws recognizing that marital rape is a crime. In many jurisdictions across the world, including India, marital rape is not recognized as a crime by law and society. Even when countries recognize rape as a crime and prescribe penalties for the same, they exempt the application of that law when a marital relationship exists between victim and perpetrator. This is often called the ‘marital rape exception clause’. India should also make a marital rape as a crime and provide a justice to the married woman who is the victim of the marital rape.