MARITIAL RAPE

 "Sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age, is not rape."

However, sexual intercourse with a wife, whose marriage with him is void as he was already married and had a living spouse and who was aware of the fact of the first marriage, amounts to rape.10

In the case of Nimeshbhai Bharat Bhai Desai vs. The State of Gujarat11, the Gujarat High Court submitted that marital rape is not just a concept and the notion of 'implied consent' in marriage and should be collapsed. The law must provide security to every woman (married or unmarried) to protect her corporal independence.

In the case of Anuja Kapur vs. Union of India Through Secretary, 2019, a PIL was filed by Anuja Kapur asking the Court to direct the Government of India to release some guidelines and laws on marital rape. But the bench of the Supreme Court headed by Justice SA Bobde and Justice BR Gavai refused the petition and said that the work related to the formulation of the laws is of the legislature and not the judiciary and the court is more involved with the interpretation of the law rather than drafting it.

Research & bibliography 

Manuparta 

Google 

Constitution of India 

Hon'ble SC's Judgments

Manuparta 


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