Criminalization of Marital Rape

Rape may be perceived as an offense that only occurs between complete strangers, but, non-consensual intercourse occurs frequently in marriages too. Section 375 of the Indian Penal Code defines rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case, if she is under 18 years of age.” But if the women are a victim of rape by her husband or in other terms, is married to the man, there are no laws broken. There is no crime committed by a man who rapes his wife because “marital rape” is not recognised as an offence under the Indian Penal Code. India is amongst the 36 countries where marital rape is not a criminal offence.