Exception 2 to Section 375 of the IPC explicitly exempts forced sexual intercourse by a man with his wife from the definition of rape, provided the wife is over 18 years of age.
The Court Battles
The Delhi High Court delivered a split verdict in 2022, and the matter remains before the Supreme Court. Meanwhile, countless married women continue to suffer in silence.
The argument that criminalizing marital rape would 'destabilize the institution of marriage' reflects a deeply patriarchal understanding of consent and bodily autonomy.
Marriage is not a license to violate. Consent does not cease to exist after wedding vows.
