Paper: GS-I, Subject: Society and Social Justice, Topic: Issues of Women, Issue: Marital rape
Context:
The marital rape exception in the Indian Penal Code (IPC), now carried over in Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, stands as a glaring anomaly. This exception exempts a husband from punishment for non-consensual sexual intercourse with his wife (who is not under 18 years of age).
The Need for Reform:
- The continued failure to criminalize marital rape leaves married women legally defenseless.
- Â The presumption that marriage voids the necessity of consent undermines a woman’s fundamental rights to dignity, safety, and bodily autonomy, all guaranteed under Article 21 of the Constitution.
Alarming Statistics: The National Family Health Survey-5 (NFHS-5) reveals that 83% of women aged 18 to 49 years who faced sexual violence named their current husband as the perpetrator.
- This highlights the inadequacy of the legal system and the fact that home is not always a sanctuary for women.
Recommendations from Legal Bodies
- The Justice Verma Committee Report (2013) unequivocally recommended the removal of the marital rape exception.
- The committee recognized the inherent contradiction in a law that aims to protect women from sexual violence yet creates a loophole for husbands.
International Law Compels India to Reform
- Under Article 253 and Article 51 of the Constitution: Parliament must align domestic law with international human rights norms
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), UN Women, and global conventions demand criminalisation of marital rape
- India is now an outlier among democracies.
The marital rape exception undermines constitutional equality, international commitments, and basic human dignity. Its removal would reclaim women’s bodily autonomy within marriage and mark a decisive step toward genuine gender justice in India.
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