
When even rape is legal
The HinduSome debates appear to be timeless. Sensitive questions such as “did your husband ever physically force you to have sexual intercourse with him even when you did not want to?” are difficult to ask in a survey; hence informed consent for the violence module was obtained twice, and trained interviewers were given strict instructions to ensure complete privacy of the respondents. The answers to these questions are available in the last chapter of the NFHS report.. Data show that 8.5 per cent of the surveyed women said they had experienced sexual violence in their lifetime. The law on rape in India has evolved to place the burden of proof of consent on the accused, and these provisions are even more important for women facing sexual violence within marriage because married women are more likely to face social sanction for reporting violence. The present controversy was stirred when Rajya Sabha MP Kanimozhi asked the government if it plans to bring an “amending bill to the IPC to remove the exception of marital rape”, to which the Minister of State for Home Affairs Haribhai Parathibhai Chaudhary reply was that the government had no plans to do so, as marriage is a sacred institution in India.
History of this topic

Why Marital Rape Laws in India Remain Stalled: Legal, Cultural, and Structural Barriers to Justice
The Hindu
Woman making false allegations of sexual assault against man is possible, says HC
The Hindu
Rape cases involving false marriage promises need clear evidence: Delhi HC
Hindustan Times
Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
Live Law
Pune rape: DY Chandrachud recalls Nirbhaya case, says 'laws made for women should...'
India Today
'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage
Live Law
Marital rape can’t remain an exception to rape law
Hindustan Times
Husband jailed for raping wife freed because marital rape not a crime in India
The Independent
DMK MP slams Chhattisgarh High Court ruling, demands India criminalise marital rape
India Today
O'Brien criticises marital rape exception, says it 'undermines women's consent'
Hindustan Times
Unnatural Sex By Husband Without Wife's Consent Not An Offence, Says Chhattisgarh High Court
ABP News
Unnatural sex by husband not an offence, says Chhattisgarh High Court
The Hindu
Chhattisgarh HC rules husband cannot be prosecuted for ‘unnatural sex’; says ‘consent of wife loses importance’
Live Mint
Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
India Today
Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
Live Law
Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
Live Law
Consensual sex with minor wife is also rape: Bombay high court
Hindustan Times
Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Live Law
Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
Live Law
Can the Death Penalty Deter Rape in India?
The Diplomat
Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
The Hindu
Indian government argues against classifying non-consensual sexual acts by husband as marital rape
The Independent
Nothing has changed for women in India
The Hindu
SC to decide on marital rape law despite Centre’s silence
Hindustan Times
SC says it will consider listing pleas challenging marital rape exception soon
New Indian Express
‘We will fight for you, Kolkata sister’
Hindustan Times
‘We will fight for you, Kolkata sister’
Hindustan Times
Beyond Lenient Laws: What Will It Take to Protect India’s Women?
News 18
Indian doctors demand justice after colleague’s rape and murder at hospital
The Independent
Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws
Hindustan Times
Supreme Court to hear marital rape pleas next week
New Indian Express
'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
News 18
SC to hear pleas challenging marital rape exception in new criminal law on July 18
New Indian Express
For an Akshaya Tritiya without child marriages
New Indian Express
India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
CNN
‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
Op India
Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
Live Law
Madhya Pradesh: Three detained in connection with rape of 11-year-old tribal girl in Alirajpur
India TV News
Three important safeguards of rights of rape and assault survivors
Hindustan Times
‘Policing love’: Why couples could now be thrown in jail just for living together in India
The Independent
Gang rape of a tourist in India highlights its struggle to curb sexual violence against women
The Independent
Gang rape of a tourist in India highlights its struggle to curb sexual violence against women
Associated Press
If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
Live Law
Man jailed for marital rape in landmark verdict in Pakistan
The Independent
'Rape is rape even if committed by a husband against wife': Gujarat HC
Op India
Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
Hindustan Times
Married to my rapist: The Indian women saying no
CNN
Can women be accused of rape? Supreme Court to examine
India Today
'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
Live Law
Not a crime if consenting married adults are in a live-in relationship: Delhi High Court
The HinduDiscover Related














































