There is no law against marital rape
The government has not revealed that it will put any proposals on marital rape before parliament. The government has clearly stipulated that if the wife is under 18 years old, it falls under the category of rape. Currently, no proposals related to marital rape have been tabled. The Home Office told the House of Commons on Wednesday it would not criminalize sexual intercourse or sexual intercourse between a man and his wife if she is over 18 years old.
In a written reply, Minister of State for Family Affairs Bandi Sanjay Kumar said that Sections 74, 75, 76 and 85 of the Indian Judiciary Act, 2023 and the Protection of Women from Domestic Violence Act, 2005 provide adequate measures, including punitive clauses, so that the rights and honor of married women could be protected.
It’s a crime in more than 100 countries
Legal experts say it’s very difficult to prove rape between a couple. There has been a long-standing debate in India on this issue. Most people believe that forcing sex on a wife is not an attempted rape by the husband. And in 150 countries around the world, doing so is considered rape.
All countries in North and South America are included, and some countries in Africa and Europe also include it under the rape category. Marital rape is illegal in 50 US states, 3 Australian states, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, the Soviet Union, Poland, and Czechoslovakia, among many other countries.
In this regard, most legal experts in India believe that it is very difficult to prove relevant cases in court. This is a private matter between husband and wife, so there is currently no law on this in India.