The Detrimental Effects of Marital Rape: The Need for Legislative Reform in India and Beyond

The Health Effects of Marital Rape

Marital rape can result in significant physical health consequences for women. Victims often suffer from vaginal trauma, chronic pelvic pain, urinary tract infections, and sexually transmitted infections (STIs), including HIV. In cultures where women lack agency over their bodies in marriage, these health risks are compounded. For example, in India, where marital rape is not criminalised, many women face repeated unwanted pregnancies, often resulting in unsafe abortions and maternal health complications.

A report in The Lancet highlighted that survivors of intimate partner violence, including sexual violence, often delay or avoid seeking healthcare due to fear, shame, or societal stigma, further aggravating their health problems.

Mental Health Impacts of Marital Rape

The psychological consequences of marital rape are severe, including depression, anxiety, post-traumatic stress disorder (PTSD), and suicidal thoughts. According to the Indian Journal of Psychiatry, women subjected to sexual violence within marriage are twice as likely to suffer from mental health disorders compared to women in non-abusive marriages. This mental trauma is compounded by the legal and social impunity their abusers often enjoy. Survivors feel powerless, isolated, and frequently trapped in a relationship that society expects them to preserve.

The emotional damage is particularly intense when the violence comes from a spouse, who is supposed to be a source of love and protection. This betrayal often leads to long-term psychological scars, with women feeling helpless to escape or report the abuse due to fear of societal and familial rejection.

Marital Rape Legislation in India

India's legal system still does not recognise marital rape as a crime. Section 375 of the Indian Penal Code (IPC), which defines rape, excludes forced intercourse within marriage if the wife is over 18 years old. This outdated law perpetuates the patriarchal notion that marriage grants men ownership over their wives' bodies, denying women the right to bodily autonomy and consent.

Despite India being a signatory to various international human rights agreements, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), marital rape remains outside the purview of criminal law. In 2017, the Supreme Court decriminalised sexual relations with a wife aged 15 to 18 but left adult women unprotected. This legislative failure has serious social consequences, as it implicitly condones sexual violence within marriage.

Global Comparisons: How Other Countries Address Marital Rape

While India lags behind, many countries have taken critical steps to criminalise marital rape. For example, in Canada, marital rape was outlawed in 1983. South Africa criminalised it in 1993, and in Australia, all states have recognised marital rape as a crime since 1991. These nations have acknowledged that marriage should not provide immunity for sexual violence, and their legal reforms have helped shift societal attitudes toward consent and bodily autonomy within marriage.

In contrast, countries like Pakistan and some Middle Eastern nations continue to exempt marital rape from their criminal codes, perpetuating the cycle of abuse. However, changes in countries like Turkey and South Korea, which recently criminalised marital rape, show that legislative reform is possible even in conservative societies. These examples prove that legal change can help reduce the prevalence of intimate partner violence and promote gender equality.

Consequences of Legislative Inaction in India

The absence of legal protection for survivors of marital rape in India reinforces a culture of silence and impunity. The 2020 National Family Health Survey (NFHS) revealed that nearly 31% of married Indian women have experienced spousal violence, and about 6% reported facing sexual violence. These figures are likely underreported due to the stigma attached to speaking out. Women trapped in abusive marriages have no legal recourse, often forced to endure years of physical and emotional trauma without protection or justice.

The failure to criminalise marital rape also sends the message that women's suffering within marriage is acceptable. Without legal recognition, survivors are left without the means to seek justice, which perpetuates cycles of abuse and deepens their psychological trauma.

The Case for Urgent Legal Reform

Criminalising marital rape is essential to safeguarding women's physical and mental health, promoting gender equality, and aligning domestic law with international human rights standards. Legal reform would not only protect women but also help reshape societal norms around marriage, consent, and bodily autonomy.

Countries that have criminalised marital rape, such as South Africa, Canada, and Australia, have shown that changing the law can lead to positive cultural shifts. In India, recognising marital rape as a criminal offence is long overdue. The law must be amended to protect women from sexual violence, regardless of their marital status, and to provide survivors with the legal means to seek justice.

Marital rape and sexual assault have severe physical and mental health consequences for women. India's failure to criminalise these acts within marriage reflects a deep-seated patriarchal bias that must be challenged. By looking to international examples of reform, India can move toward a more equitable legal system that protects the rights and dignity of all women. Legislative reform is urgently needed to criminalise marital rape, ensure justice for survivors, and promote a society where consent within marriage is respected and upheld.