• 22 November , 2019
  • Uncategorized



When a husband have sexual intercourse with his wife without her consent, then it amounts to marital rape. But India law defines marital rape in different way. Where a husband have sexual intercourse with his minor wife who is below the age of 15 or during judicial separation, then it amounts to marital rape, but where the wife is major and husband have sexual intercourse without her consent then it does not amount to marital rape in India.

An individual has right on his or herself. No one have right over other person without his or her permission. Then how can a man violate the rights of his wife? If she refuses to do it, then husband should also respect her decision.

From the early stages in our Indian society it is considered that wife is the personal property of her husband. So he can do anything with her. It does not matter whether she is giving her consent for it or not. But it is inappropriate.

In Russia marital rape was criminalized in 1922, and in many countries had been criminalized. If many countries felt that it is crime with women then why in India it is not a crime. Why our society is incapable to understand that is a matter of the equality, respect and dignity. Marital rape should also be criminalized in India because rape is rape, whether it is done by a husband or by any other person. We are living in democratic country. Everyone have right to enjoy a dignified life and we should think about it without any discrimination.


Marriage is a institution where two souls lawfully wedlock for whole life. Where they share happiness, sorrows jointly. Where they respect each other .Where they take responsibilities of their family jointly.Where they have equal right over their children.Where they have equal right to chose that what is good for their children. Where they have equal for their choices.1 Then why wife alone suffers the pain and degrade behavior ?


Indian Penal Code says that sexual intercourse by a man with his own wife, without her consent and who is above the age of 15 years is not considered  under rape.2But Article 21 of our Indian Constitution clearly says that a woman has right to refuse for sexual intercourse with her husband. Constitution gives rights to women to live with dignity.3 Our Indian Constitution is the supreme law of land. Nobody can go beyond the Constitution. Then why exception of Section 375 of Indian Penal Code violates the supreme law of the land? Why woman suffers the torture in the house of her husband, by her own husband? Just because she is a woman in this male dominant society? Why she don’t have right to express her feelings? If husband and wife are bound in marriage, it doesn’t mean that she will accept all the decisions of her husband. We all know that by hormonal changes and by other psychological facts,

some time women feel not normal, their moods swing, sometime they feel not good. And that time if she refuses for sexual intercourse then her partner should care about her feelings instead of degrading her.

I was watching a news channel about marital rape. The opposition was saying that if marital rape will criminalized in India, then the institutions of marriage will be spoiled and many women will misuse the law.4 I want to mention here that if the institution of marriage will be spoiled just because of criminalizing the marital rape, then what about the mental agony of the wife ? where wife suffers the physical torture, where her husband doesn’t care about her decisions, her dignity and respect then how can that wife still feel normal and love her husband? She will hate her husband and with this hate and discomfort, the institution of marriage will also spoiled. And about second point, fear of misusing the law, these all are the another things, firstly we should think about those women who suffer cruelty by their own husbands.

Indian Constitution gives concept of equality for both men and women. Then why such types of evil are existing in our society? Isn’t disgusting ? It is not a matter of male or female it is the matter of human.It violates the human rights. As a human being everyone have right to take their decisions and choices. If marriage is legal bond between man and woman it does not mean that wife is property of her husband and he can do anything with her, without her consent or will. Marriage is a bond of trust, respect and understanding.

This concept had been criticized by many thinkers and welfare societies. In England marital rape had been criminalized. This is an old concept, where the age of  marriage of a girl was not defined in Indian law. After the amendment of Child Marriage Restraint Act,1978 the age of majority for marriage was declared 18 years. But the exception for marital rape is in still there.5

In Vedic period women’s status was equal to the men. They lived independently. They were given the rights to chose their partners in Svayamvar. They were given the rights to exercise free will in the matrimonial bondage.6If in that period women given the several rights, they were treated equally, then why in this modern era, women have no right  to express their will or consent ?


From many centuries women treated as animals and slaves. Women are not animals they also have their own existence. They have right to take decision. Men should not impose the decision on them. However Constitution has given the rights to live with dignity and respect. But law should be properly implemented. The concept of marital rape should be mention in the Domestic Violence Act. And in Section 375 of Indian Penal Code, their should not be age limit. Once I learned somewhere that respect your wife because she left her house for you. And I want to say all men that your wife is your responsibility, you should take care of her feelings, give comfort and respect to her.

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