Criminalisation of Marital Rape in India

The most henious crime against women is Rape, rape is defined in section 375 of IPC in which it says that rape is against her will and her consent, so the main concern for punishing the accused for rape is “without the consent” then what about the marital rape which is a untold story in the Indian household, neither it has been criminalised nor it is been explicitly mentioned in any of the statutes, even the IPC doesnt speak about the marital rape explicitly, it mentions that sexual intercourse by a man to his wife is an offence if only when the wife is below 15 years, what about other categories of married women? is it violation of the fundamental rights? and why the marital rape is still tabooed? the reason which is said by scholars is is because of the notion that husband cant be guilty of raping his lawful wife, because women has given herself in the contract of marriage and she cant retract back ( Sir Matthew Hale consent theory), and They often cite cultural and traditional beliefs, societal norms, and the sanctity of marriage as reasons to maintain marital rape's non-criminal status. They contend that criminalizing marital rape could potentially disrupt the institution of marriage, infringe on privacy rights, and create a legal quagmire within the family structure. The article focuses on the background of criminalising marital rape, and how India has been working on the criminalization of marital rape, it also highlights the international perspective on marital rape, drawing upon comparative examples from countries that have criminalized marital rape. It explores the experiences of the nations, examining the impact of legal reforms on societal attitudes, survivors' access to justice, and the overall prevalence of marital rape.