Non-consensual intercourse after marriage

On May 10, 2022, a two-judge bench of the Delhi High Court gave a split ruling on marital rape, thus ensuring a future hearing in the Supreme Court. The legal battles will, of course, continue but this may nevertheless be a good moment to examine the issues that lie behind it.

Provisions for Marital Rape:

• Section 375 of Indian Penal Code (IPC) defines the term rape as, any form of sexual assault involving non-consensual intercourse with a woman.
• Exception 2 to Section 375, provides a non-criminal status to sexual intercourse without the consent of the wife and immunizes such actions of the husband.
• The concept of marital rape is the epitome of ‘implied consent’, marital relation between a man and a woman implies to have consented sexual intercourse from both the sides.