Hyderabad: Although most developed countries have penalised marital rape, there is no law in India to protect married women from marital rape. Police charge the husbands with cruelty, for which the punishment is three years in jail or fine.
In major cases, police book a case under the Domestic Violence Act.
Experts say that Indian law says that a forcible sexual act by the husband is not a crime.
Section 375 which deals with rape says in its exemption clause, “Sexual intercourse by a man with his wife, the wife not being under 15, is not rape.”
In August 2016, hearing a petition filed by an NGO seeking changes in exemption 2 to Section 375, the Delhi HC sought a report from the Centre. But, the Centre said that if marital rape is criminalised, the family system will face stress and defended the provision that protects husbands from being tried for rape of their wives. Quoting from Justice J.S. Verma committee's report, the Centre said, "Even if marital rape is recognised as a crime there is a possibility that judges might regard it as less serious than other rapes".
In 2015, the Supreme Court rejected a woman's plea that her husband had sexually assaulted her several times, and refused to declare marital rape a criminal offence.
