Abstract

Marriage is a promise of love and respect and our society considers it to be a very sacred bond between two equal individuals. But is it correct to treat marriage as a licence for sex? Isn’t it hypocritical to preach that marriage is a bond between two equal individuals and deprive women of their right to bodily autonomy, to scrape them off their individuality as soon as they get married? Isn’t it strange that even in the 21st century, when we talk so much about equality, we are so paranoid to let go off the concept of the wife being subservient to her husband. Even today, it is impossible for maximum number of people in our society to accept that a married woman has the right to say no to sex with her husband, that a woman can be raped by her husband. This Short Note attempts to highlight how our society is so adamant to preserve the patriarchal roots. An attempt has also been made to put forth legally reasoned arguments establishing how the second exception to Section 375 of the Indian Penal Code is not only inconsistent with other legislations but also is unconstitutional as it violated Article 14, Article 21, Article 19 and Article 15 which form the basic structure. Highlighting the threat that it poses to the society at large, an inference has been drawn stating why there is a dire need to recognize marital rape as a criminal offence and to stop treating marriage as a prerogative to rape.

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