ABSTRACT
Marital rape is not considered a crime in India unless a wife is under 15 years of age or the one who is living separately, even though Section 375 IPC defines rape as sexual intercourse by a man against the will of a woman or without her consent. Those who justify marital rape argue on the theory of irrevocable consent use Blackstone’s doctrine of common law of unity while propagating the theory of wife as the property of a man. It is claimed that charges of marital rape will undermine the sanctity and privacy of conjugal relationship and if given the liberty, the provision may be misused by women. However, this reasoning overlooks the fact that marital rape is a humiliating act against the dignity of women. This chapter examines the arguments for and against marital rape and argues that it should be criminalized. It concludes that this concept needs to be examined within the larger perspective of gender justice and should be dealt with accordingly.
