Behind the Closed Doors: The Crime of Marital Rape

Abstract

They say women are equal in society, but even after 76 years of India’s independence, the old notions of male supremacy, men being the head of the family and women being subservient to men, prevails. This is perhaps one of the major reasons for men committing crime on women.

Amongst the category of crimes, Rape is one of the most henious crimes committed on women as it not only affects her physically but leaves a scar to her soul. The Indian Penal Code, 1860 defines rape in section 375 and section 376 makes it punishable with imprisonment upto life. The problematic area which the researcher will be examining is exception (2) to section 375. The exception does not bring within its ambit the sexual acts committed by husband on his wife, thereby excluding rape happening in marriage and not recognising it as an offence. The Indian Penal Code does not recognise the requirement of ‘consent’ for wife and believes that wife upon marrying loses her right to say yes or no to sexual acts. In the present paper, the researcher would examine the prevailing criminal statutes of the country and suggest changes required in Indian Penal Code, 1860, Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973, now repealed with Bharatiya Nyay Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023 and Nagarik Suraksha Sanhita, 2023 respectively. In the process, the researcher will make use of doctrinal method.