Title: Criminalisation of marital rape in India: a medico-legal analysis

Authors: S.M. Aamir Ali; Anuttama Ghose

Addresses: Symbiosis Law School Pune, Symbiosis International (Deemed University), Pune, Maharashtra, 411014, India ' Dr. Vishwanath Karad, MIT World Peace University, Pune, Maharashtra, India

Abstract: Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses' sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.

Keywords: criminalisation; gynaecologic disorder; health; marital rape; sexual violence; post-traumatic stress disorder; PTSD; India.

DOI: 10.1504/IJPLAP.2025.147232

International Journal of Public Law and Policy, 2025 Vol.11 No.3, pp.354 - 371

Received: 16 Dec 2023
Accepted: 22 Jan 2024
Published online: 14 Jul 2025 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article