The issue of marital rape is often ignored due to the belief that marriage is a sacred institution. In this context, discuss whether marital rape should be criminalised.

Why Criminalise

→ Absence of Consent by female leads to loss of her bodily autonomy

→ Rape remains a rape despite Marital status

→ Loss of individual liberty

• Just being in Marriage assumes one to be completely dependent on other partner.

→ Judicial views

Eg- recently Kerala high court also espoused the view

→ match with prevalent laws

Eg- Adultery has been decriminalised

→ treats Women as property of husband [patriarchy]

Why Not criminalise

→ Implied consent → Marriage itself is assumed to be a consent for sex and begetting a family

→ Prone to misuse → Eg- Domestic violence and Dowry prohibition

→ Motive is difficult to proove

→ Societal acceptance would be difficult due to divergenie with widely accepted belief.