• Dr.Nandini Aggarwal

Rape is a heinous crime which destroys the very existence of women. It is worst when the same is committed by the one who is considered as the protector of women i.e. her husband. It has long term effect as it affects the psyche of women. There is no official data as the same has not been recognized as an offence. The exemption to partner rape/ wife rape / marital rape has found its origin in Common law system and India being its colony has inherited the same. In India, marital rape is exempted by Exception 2 of Section 375 of IPC which provides that the husband where wife is above 15 years is not liable for raping his wife. Thus Indian law has partially recognized the marital rape and can convict husband for rape if the age of wife is less than 15 years. The law has changed in countries like UK, USA, MEXICO, South Africa, Canada others. And a time has come to bring that change in India to nip the bud before it becomes a real challenge.

Marital rape, criminalization, immunity

"Marital Privacy v/s Sexual Autonomy - An Analysis in the light of criminalization of Marital Rape ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.10, Issue 12, page no.g746-g761, December-2023, Available :http://www.jetir.org/papers/JETIR2312689.pdf

"Marital Privacy v/s Sexual Autonomy - An Analysis in the light of criminalization of Marital Rape ", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.10, Issue 12, page no. ppg746-g761, December-2023, Available at : http://www.jetir.org/papers/JETIR2312689.pdf