Marital Rape in India: The Crime That Still Isn’t a Crime

Despite having strong laws to protect women, Marital Rape in India remains a serious issue. India is one of the few countries where marital rape is not considered a crime, leaving many women vulnerable to abuse within their marriages.

What is Marital Rape?

Marital rape is when a husband forces his wife to have sex without her consent. This can happen through physical force, threats, or emotional pressure. It is a serious violation of a woman’s right to live with dignity and safety. While rape is a crime under Indian law, an exception in the legal system means that marital rape in India is not treated the same way as other forms of sexual violence.

Shocking Statistics

According to the National Family Health Survey (NFHS-5) (2019-21), 5.6% of married women reported being physically forced into sex by their husbands. Another 1.5% were pressured or threatened into unwanted sexual acts. These numbers highlight the silent suffering of many women due to marital rape in India.

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The Legal Loophole

The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, continues to exclude marital rape from the definition of rape. This means that a husband cannot be punished for forcing his wife into sex, as long as she is over 15 years old. While some courts have recognized marital rape in India as a ground for divorce, it is still not a criminal offense.

Government’s Stand on Marital Rape

The Indian government has opposed the criminalization of marital rape, arguing that it could weaken marriages and lead to false accusations. However, activists believe that this argument is based on outdated beliefs that do not respect a woman’s right to consent. The debate on marital rape in India continues, with legal experts and women’s rights groups demanding change.

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Criminalizing marital rape in India is necessary to protect women’s rights and dignity. Laws should clearly state that marital rape is a crime, just like any other form of rape. Steps that need to be taken include:

• Removing the legal exception that protects husbands from being charged with marital rape.
• Raising awareness about marital rape in India and encouraging survivors to speak out.
• Providing support services for women who experience marital rape.

Marital Rape in India remains a hidden crime due to outdated laws and social stigma. While other countries have recognized it as a criminal offense, India still lags behind. Stronger laws and better awareness can help protect millions of women from suffering in silence. Criminalizing marital rape is not just about justice—it is about recognizing the fundamental right of women to live without fear, even in their own homes.