Marital Rape: An Exception To The Offence Under Section 375 Of IPC

SREE RAMYA writes

Rape is an offence under Section 375 of IPC, but marital rape is an exception to the same. Marital relationship in India is highly revered and marriage is the most respected institution in our culture. These sentiments towards marriage can be considered as the major reasons for making marital rape an exception under Section 375 of IPC. Further, it is also believed that the consent for sexual intercourse with the wife is obtained by the husband when she has consented for the matrimonial relationship with him.

However, in the case of RTI Foundation vs. Union of India, the Delhi High Court opined that marriage is no consent for rape by husband.

172^ndLaw Commission Report on Marital Rape

The 172^nd Law Commission’s report in 2000 though recommended for reducing the age of wife considered under the exception 2 of Section 375 did not recommend for criminalizing the forced sexual acts by the husband with his wife. The reason stated was to avoid excessive interference with the marital relationship.

Report of Justice Verma Committee

The report of justice Verma committee on marital rape discussed the need for change in law related to the offences against women. It was considered that “rapist must be considered a rapist regardless of his relationship with the victim”.

It also considered the recommendations made by the UN Committee on the Elimination of Discrimination Against Women (CEDAW) in February, 2007 that the Indian Penal Code should widen the definition of rape and should remove the exception of marital rape.

Independent Thought vs. Union of India

In the case of, Independent Thought vs. Union of India, the Supreme Court dealt with the aspects of marital rape in cases where wife is aged between 15 to 18 years. The court held that exception 2 to section 375 of IPC should be read as sexual intercourse or sexual acts by the husband with his wife who is above 18 years is not rape. The court further clarified that it shall not decide anything upon the issue of marital rape of adult women.

Therefore, this judgment of the Apex court increased the age of wives from 15 years to 18 years. But did neither criminalize marital rape nor gave a solution to adult married women in cases of marital rape.

Marital Rape under the Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act considers sexual abuse as domestic violence under Section 3 (a). Further, under explanation 1 provided for Section 3, the Act specifies that sexual abuse shall include any conduct of sexual nature which degrades humiliates or affects the dignity of women.

Conclusion

No rapist should be exempted from criminal liability in case of rape in the name of marital relationship, because violating the privacy of a woman cannot be legalized with marriage.

Author is a student at University College of Law, Osmania University.