Legal Perspectives of Marital Rape in India

The issue of marital rape has certainly led to a lot of debate in India as it is not only a law but a controversial topic itself. The legal system has developed over the years to shield women from domestic violence, but marital rape is a glaring absence from the country’s laws. In this blog, we will discuss what is marital rape, its legal status in India, and the continuing struggles to abolish this old practice.

The Legal Gap in India

The legal system in India recognizes marriage in law as an institution that provides certain rights to the couple in relation to one another, including presuming consent with regards to sexual relations. This, however, is an idea that strip off autonomy and rights of human beings, particularly women within the institution of marriage. The Indian Penal Code (IPC) Section 375 defines rape, but excludes marital rape from its preview. The challenge is that there is no justice for women when they are sexually assaulted at home, as this loophole only applies in marriage.

Domestic Violence and Its Effects

Domestic Violence

Domestic violence refers to a wide range of abuse that takes place in a domestic context. This may involve physical harm, emotional abuse, financial control, sexual violence, or other means of coercion. Domestic violence can occur in any relationship, but women, particularly in patriarchal societies like India, are more adversely affected.

Marital rape is considered to be under the broader classification of domestic violence because it is an infringement of personal autonomy and is also a form of sexual violence that is perpetuated inside a marriage. The trauma that women undergo when they are victims of marital rape is typically of a high degree and affects their body, mind, and soul.

The Stigma of Marital Rape Reporting

Societal stigma surrounding marital rape is one of the key reasons why it is underreported in India. A lot of mothers are stuck in abusive marriages because they are scared they will be shunned by the society or shamed. Sociocultural practices compel women to endure abuse, for it is part of their conjugal responsibility, but these women are left without support systems or the resources to escape violence.

The stigma even has a monopolistic grip on the legal system. Although domestic violence laws exist, marital rape is often minimized, and women may be dissuaded from seeking justice. Many survivors keep the truth of their circumstances a secret for fear that they will not be believed or held responsible for what happened.

Current Legal Framework for Marital Rape in India

The BNS and Marital Rape

Section 63 of the BNS, which defines rape, does not cover a husband raping his wife except if the wife is below the age of 15. This exemption means that married women older than 15 do not have legal protection against rape in their own home.

The very existence of this legal provision has been strongly condemned by activists and lawyers on the grounds that a wife cannot be denied her bodily autonomy or exempted from sexual violence just because she is married. There have been demands for reforms in the BNS to explicitly define marital rape as a crime, but the law has not changed despite repeated petitions and public outcry.

The 2005 Domestic Violence Act

India does have the Protection of Women from Domestic Violence Act (PWDVA), 2005 designed to address all forms of domestic violence including physical, sexual, and emotional abuse but it can only be invoked when the victim is relating to the perpetrator in a domestic capacity. The Act acknowledges sexual violence as an act of domestic violence but does not contain a specific provision for marital rape. Although the PWDVA, 2005 has provisions for relief and protection under domestic violence for women who are victims of marital rape, it does not classify marital rape as rape under IPC, unlike all other forms of rape, leaving a missal where survivors can seek legal remedy.

The exception had faced sustained legal challenges in recent years in an attempt to remove it from the IPC. There are several petitions in the Delhi High Court and the Supreme Court that seek to make marital rape a crime. But the government defended the exemption, saying the institution of marriage was a central cultural and social pillar.

So, feminist organizations and public awareness campaigns had been promoting the inclusion of marital rape in the legal framework as an important step towards achieving gender equality and protecting women’s rights. Though several efforts have been made towards it, powerful forces in various sections of society have stalled major progress.

Enforcement Issues in Addressing Marital Rape

A Social and Cultural Threat Resistance

Societal and Cultural beliefs and the institution of marriage: Crux of criminalizing marital rape in India In many regions of India, marriage is viewed as a sacred bond, These beliefs tend to breed an atmosphere where marital rape — and other forms of violence against women — is normalized or downplayed.

Insufficient Education and Awareness

One can't overlook the fact that ignorance was another major impediment on the path to marital rape. Many women — particularly in rural areas — do not even realize that marital rape counts as abuse. Limited education regarding sexual rights and consent plays into this widespread ignorance.

Legal & Law Enforcement Obstacles

Despite existing domestic and sexual violence laws, law enforcement agencies often do not have the requisite training and sensitivity to address cases of marital rape. Fear of further victimization, more discrimination or dismissal of their claims keeps many survivors away from the police. The nature of the IPC, which does not clearly define marital rape as a crime, also makes it difficult for the judicial apparatus to help.

Domestic Violence Lawyers in India

However, we also want to say that if you or someone you know is going through marital rape or domestic violence, it is very important to seek professional help. Such legal help is primarily a function of domestic violence lawyers, who advocate for the rights of survivors, protecting them and getting them the support they require.

What Do You Need a Domestic Violence Lawyer

A domestic violence lawyer will have experience with cases of domestic abuse — including marital rape. They can navigate you through the legal process, assist you in filing a complaint, and guarantee that your rights are preserved. You can fight the loopholes with the help of a lawyer in the cases of marital rape. For individuals living in Noida or nearby areas, a domestic violence lawyer in Noida can help you with the legal proceedings and all aspects of litigation representation in season court.

LawChef: Your Go-To for Legal Assistance

Hi there, so if you are pleading for right now and you or someone you know is going to be having problems with marital rape or domestic violence, then you need to go ahead and get legal help. LawChef brings professional support from expert domestic violence lawyers who can help you navigate through the legal system and protect your rights. Do not forget to contact LawChef to help you when things get tough!