To: The Ministry of Law and Justice, Government of India; and The Ministry of Women and Child Development.

The Problem:

In India, Section 375 of the Indian Penal Code (IPC) contains a "Marital Exception." It states that sexual intercourse by a man with his own wife (provided she is not under 18) is not rape. This law suggests that by entering a marriage, a woman gives "permanent consent" to her husband, stripping her of the right to her own body.

This exception is a relic of colonial-era thinking. It treats married women as the property of their husbands rather than individual citizens with fundamental rights. While 77 countries have already criminalized marital rape, India remains among the few where a woman’s home is not a safe haven from sexual violence.

Why This Matters:

Constitutional Rights: The exception violates Article 14 (Right to Equality) and Article 21 (Right to Life and Liberty) of the Indian Constitution. A woman’s right to bodily autonomy should not vanish the moment she says "I do."

No Legal Recourse: Currently, victims of marital rape can only file for "cruelty" or domestic violence, which do not carry the same legal weight or recognition as the crime of rape.

Human Dignity: Marriage is a partnership of equals, not a license for non-consensual acts.

Our Demand:

We, the undersigned, call upon the Government of India and the relevant legislative bodies to:

Strike down Exception 2 to Section 375 of the IPC, ensuring that rape is recognized as a crime regardless of the relationship between the perpetrator and the victim.

Ensure survivors have access to legal protection, medical care, and psychological support specifically tailored to cases of spousal sexual violence.

Align Indian Law with Modern Justice, upholding the dignity and safety of all women.

Justice should not stop at the bedroom door.