Non-consensual sex within a marriage is termed as marital rape. Marital rape is criminalised in almost 150 countries till date—sadly India remains in the minority who hasn’t criminalised such a heinous act yet. It is really sad and appalling that we still have to discuss why a crime as serious as a rape is still legal in our country. But that’s just what it is, it’s our responsibility to rectify it. But it definitely makes one question, what is stopping our government from criminalising marital rape?
The answer is quite complicated and shameful. The government has claimed, time and time again, that what happens between a married couple is their personal matter, and that government and judiciary should not intervene in it. This is such a disgusting and deep rooted misogynistic mindset. Just because a rape happens within a marriage, does it somehow decrease the amount of trauma it causes the victim? Is marriage a license to rape someone? Of course not! But sadly our government has still not realised such a simple thing. And that is why India remains one of the 36 countries where marital rape is still legal.