Published Paper Details:

India is amongst few countries that does not consider marital rape as crime and continues to exempt husbands from being charges for rape. This article will examine the reason for exemption of marital rape from being considered crime in Bhartiya Nyaya Sanhita. The exemption stems from the belief in Indian culture that sexual consent is implied and irrefutable upon marriage. This depicts the patriarchal nature of the society which developed upon the notion that wife's body is a property of her husband thus undermining her liberty. The discussion on marital rape in India basically surrounded by intersection of marriage, consent and crime. Historically speaking the marriage in India is sacred concept with the deep-rooted beliefs that women should always fulfil the sexual needs of her partner. These notions clearly violate fundamental rights of women and stand in contradiction with constitutional values of gender equality, dignity and bodily integrity. The key issue relating marital rape is of consent. The exemption that consent is given automatically once marriage is solemnised which disregards the essential elements of consent which is consent should be free from any pressure and is dynamic and ongoing process which can be revoked at any time. The absence of legalisation of marital rape deprives women of right to bodily autonomy and personal security which are enshrined in constitution under Article 14 (equality before law), Article 19 (freedom of expression) and article 21 (right to life and personal liberty). This paper will also compare laws relating to marital rapes in other countries with Indian law.