Criminalizing Marital Rape in India: A Bright or a Bleak Future?
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Abstract
Rape in all forms is considered heinous and must be criminalized with the strictest of punishments that exist. However, the entire concept of the criminalization of marital rape seems to be flawed. The debate about the criminalization of marital rape has been an ongoing one for decades together in India. The Indian notion of marital rape needs reforms, as the Indian society, the Legislature, and the Judiciary, seem to overlook the seriousness of rape in a marital relationship. The Indian notion of criminalizing marital rape is yet to move on from the notion that a woman consents to sexual intercourse at all times once she is married. This article seeks to draw a comparison between India’s marital rape laws and the rape laws of the United States of America (USA), the United Kingdom (UK), and Germany. The comparison seeks to present the development in the marital rape laws in the three countries mentioned above, and how India still has a long way to go before it can reach that stage of criminalization. The article further seeks to emphasize the constant attempts made by law committees, judges, and even the Indian public to recognize the urgency of criminalizing marital rape and making the legislature realize the same. The future of criminalizing marital rape in India currently seems to be farfetched, considering the traditional notions adopted by the organs of the government. Nevertheless, the reasons why marital rape needs to be considered a serious matter in India, have been enumerated in this article, along with a few recommendations and suggestions for its effective implementation.
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Copyright © 2026 by Gayatri Lakshmanan
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