A Wife is a Woman Too; Criminalise Marital Rape in India

A Wife is a Woman Too; Criminalise Marital Rape in India

Started
7 February 2022
Petition to
Smriti Irani (Union Cabinet Minister for Women & Child Development)
Signatures: 528Next Goal: 1,000
Support now

Why this petition matters

Started by Falak Asmeen

Trigger Warning!

During my marriage, I have been a survivor of physical, verbal, and sexual abuse. My husband used to hit me, come home drunk and despite my continuous resistance, would forcibly have sex with me. Before marriage, I was always told that my husband was the one who would love and protect me - but I thought how can my the person who is supposed to love me do this? Frustrated with the abuse, I decided to leave my marriage for the sake of my children. Countless women across the country are facing a similar, silenced not only by societal pressure but also the lack of legal protections.

Exception 2 to Article 375 of the Indian Penal Code reads "Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape", thus, granting immunisation in case of marital rape. It is a curious case considering all other crimes by the spouse- dowry, domestic violence, sexual intercourse when living separately are deemed punishable by Indian law. The article isn't only an exception but also violates Article 14 and 21 of the Indian Constitution (which guarantee right to equality and liberty).


A UN Population Fund study finds that more than two-thirds of married women (15-49 years) were raped, beaten or forced to provide sex. National Family Health Survey -2015 finds that 5.4% women were forced to perform sexual acts they did not want to.


Many argue that criminalising marital rape would destroy the family, I wonder, what is the family if it is made on the back of a woman deprived of her rights.

If not for myself, I at least hope that the law can change for the women going through the challenge and hope the find the legal remedy they deserve. It is the responsibility of the judiciary and the government to protect all women -including their right to say no. SUPPORT THIS PETITION to repeal Exception 2 to Article 375 and amend the punishment exception in Article 376 of the Indian Penal Code.

Image Credit: LiveLaw

Support now
Signatures: 528Next Goal: 1,000
Support now

Decision Makers

  • Smriti IraniUnion Cabinet Minister for Women & Child Development