It is not easily recognised as an offence, it is assumed by the law that, marriage refers to the wife giving consent to all the “matrimonial obligations” including sexual intercourse.
The Indian government has argued that marital rape cannot be criminalized because what might seem like rape to the wife may not be rape in the eyes of others.
Marital Rape can be termed as the act of sexual intercourse with one's spouse without the spouse's consent.
It has been widely debated in India because unlike other developed nations, India is yet to criminalize marital rape.
It is not easily recognised as an offence, it is assumed by the law that, marriage refers to the wife giving consent to all the “matrimonial obligations” including sexual intercourse.
The fact that males have to establish ownership over a woman after marriage makes a married woman more susceptible to being exploited by her husband.
The Indian government has argued that marital rape cannot be criminalized because what might seem like rape to the wife may not be rape in the eyes of others.
It is inherently wrong and problematic to assure dignity and sexual autonomy to the husband and not the wife.
The argument that the act cannot be criminalized to protect the stability of the institution of marriage is baseless and illogical.