Criminalizing Marital Rape in India

The IPC, 1860, does not acknowledge that it is a offence for a man to rape his lady, hence marital rape is not an offense in India. The reasons for this are numerous, as evidenced by multiple investigations, legislative discussions, as well as judicial rulings. The factors range from preserving the sanctity of the marriage institution to the availability of legal alternatives. We contend that the Indian Penal Code, 1860's marital rape exception clause is illegal in its entirety. Furthermore, we are concerned by the absence of other remedies available to a woman who has been raped by her husband. We end by emphasizing the need of criminalizing marital rape and mention all the appeals drawn towards the same.