RAPE IS RAPE EVEN IN MATRIMONY: AMENDING THE INDIAN PENAL CODE TO CRIMINALIZE MARITAL RAPE: A CURRENT COMPELLING NECESSITY

Matrimony is a revered union that establishes a holy connection between two individuals and their respective families. However, when matrimony is entered into without the explicit consent of the parties involved or when the individuals participating in the marriage are not satisfied with the arrangement, it can become unpleasant or unfavourable. Throughout history, our civilization has exhibited a proclivity towards a patriarchal system, dating back to the era of hunting and gathering. It is inherent for men to exhibit dominant emotions as a result of their natural disposition. When examining the global context, it becomes evident that establishing and enforcing law and order play a significant role in defining and regulating societal norms and behaviours. The Indian Penal Code of 1860 encompasses a set of laws and corresponding penalties that have been established. However, a common misconception among individuals is the lack of understanding regarding the historical origins of these regulations, which the British established during a bygone era. Marital rape is not criminalized under Indian law, specifically the Indian Penal Code of 1860, which does not acknowledge the act of a husband raping his wife as a punishable offence. The rationales for this phenomenon are diverse and can be identified in numerous publications of the Law Commission, deliberations within the Parliament, and adjudicatory rulings. There are various justifications for this, including the preservation of the sacred nature of marriage and the availability of alternative legal remedies. This paper examines the fallacies underlying the arguments favouring decriminalizing marital rape. The author presents a scholarly examination of Article 14 of the Constitution of India, asserting that the inclusion of a marital rape exception clause within the Indian Penal Code 1860 is fundamentally inconsistent with constitutional principles. Additionally, the author highlights the dearth of available alternative avenues for a woman to seek legal recourse in cases of marital rape. The author asserts that criminalizing marital rape is imperative and presents a comprehensive framework for achieving this objective.