The Hidden Reality of Marital Rape

By : Asem A Shimray 1st Semester, BA Political Science St Joseph college, Ukhrul, manipur

Marriage is usually seen as a relationship of love, trust, care and respect. When two people get married, they are expected to support each other and live together happily. But sometimes there are serious problems inside marriages which people do not talk about. One such problem is marital rape.

What Is Marital Rape?

Marital rape is when a husband forces his wife to have sexual relations with him when she does not want to. I think this is a serious issue because marriage should not take away a person’s right to make decisions about their own body.

Consent means agreeing to something freely. A person should be able to say yes or no. Being married does not mean that a person has agreed to everything forever.

A wife can say no. Her husband should respect that.

For a long time, many societies have believed that the husband is the head of the family and the wife should obey him. Because of such thinking, women have sometimes been expected to remain quiet even when they are being treated badly.

I think this thinking needs to change.

How Did This Problem Begin?

The history of this issue in India goes back to the British period. The Indian Penal Code of 1860 had an exception relating to husbands and wives. Because of this exception, a husband was generally protected from being charged with rape for sexual intercourse with his wife, subject to the age limit in the law.

One important case was the case of Phulmoni Dasi in 1890. She was a child bride who died after sexual intercourse with her husband. In the case of Queen-Empress v. Hurree Mohun Mythee, her husband was not convicted of rape. He was convicted under another section of the Indian Penal Code and received one year’s rigorous imprisonment.

The case became part of a larger discussion about child marriage and the protection of girls.

What Does the Law Say?

The law has changed since then. In 2017, the Supreme Court decided Independent Thought v. Union of India. The Court said that the marital exception could not protect a husband who had sexual intercourse with his wife when she was below 18 years of age.

The Court did not decide the larger question of marital rape involving adult women.

India now has a new criminal law called the Bharatiya Nyaya Sanhita. It replaced the Indian Penal Code on July 1, 2024. The law still has an exception for sexual intercourse between a husband and his adult wife in the definition of rape.

This issue is now being discussed by the Supreme Court. In September 2026, the Court began hearing challenges to the marital rape exception. The Court is considering whether this exception is allowed under the Constitution. The matter has not yet been finally decided.

Why Is Consent Important?

The Constitution of India gives people important rights. Article 14 talks about equality before the law and Article 21 protects life and personal liberty.

This makes me think about a simple question: Why should a woman’s right to say no change after she gets married?

Marriage should not mean permanent consent.

A wife may be tired, sick, frightened or simply not willing to have sexual relations. Her husband should respect her decision. Forcing her is not love or respect.

What Happens in Nagaland and Manipur?

This problem should not be seen only as something that happens in big cities. We should also think about our own communities in the Northeast.

In Nagaland, the National Family Health Survey-5 found that 11 per cent of ever-married women between 18 and 49 had experienced emotional, physical or sexual violence from their spouse. About 1 per cent reported sexual violence from their husband.

These figures do not tell us how many women have experienced marital rape. However, they show that violence inside marriages does exist.

There is also more recent information from Nagaland. The Nagaland Economic Survey 2025–26 reported that 17 One Stop Centres received 220 cases during the reported period. These included cases of domestic violence, sexual offences, assault, harassment and rape.

Again, these figures do not mean that all these cases were marital rape. They show that women are coming forward with different kinds of problems and violence.

Manipur also has cases of violence against women. The Manipur State Commission for Women reported receiving 85 complaints between September 2021 and September 2022. Domestic violence was the largest category. Other complaints included marital disputes, physical assault, maintenance, desertion and molestation.

Research based on NFHS-5 data has also reported a high level of domestic violence in Manipur.

These facts should be understood carefully. Domestic violence and marital rape are not exactly the same thing. We do not have a reliable number showing exactly how many cases of marital rape happen in Nagaland or Manipur.

But we cannot simply say, “It does not happen in our community.”

We may not see it. We may not hear people talking about it. That does not mean it does not happen.

Why Do Many Women Stay Silent?

In our society, many women do not talk openly about such problems. They may be afraid of what their family, neighbours or other people will say.

Some may worry about their children. Some may depend on their husbands for money. Others may be afraid that speaking out will break their marriage or bring more problems.

Some women may even feel ashamed, although they are not the ones who have done anything wrong.

Many people believe that problems inside a marriage should remain inside the home. A woman may therefore be told to adjust or tolerate the situation for the sake of her family.

Because of this, we may never know the real number of women who suffer in silence.

The absence of a complaint does not always mean that there is no problem. Sometimes a person is silent because they are afraid to speak.

I think women should have a safe environment where they can speak without fear or shame.

How Can It Affect Women?

Marital rape can seriously affect a woman. She may suffer physical injuries, unwanted pregnancy, infections and emotional trauma. She may also lose confidence and feel helpless.

This is why women who face violence should be able to get medical help, counselling, legal assistance and protection.

Changing the law is important, but society also needs to change.

Men should understand that respecting consent is part of respecting their wives. Being a husband does not mean having unlimited control over one’s wife.

What Can Schools and Colleges Do?

I think schools and colleges can play an important role in creating awareness.

Students should learn about respect, equality and consent. Boys should understand that being a boy or a man does not give them the right to control women. Girls should know that they can speak when something is wrong.

Schools and colleges can organise awareness programmes, discussions and counselling sessions about domestic violence and women’s rights.

Teachers should also know how to help students who may be facing problems at home. Students should be able to approach a trusted teacher, counsellor or another responsible adult when they need help.

Education cannot solve every problem, but it can change the way young people think.

My Thoughts

I do not think talking about marital rape means that we are against marriage or family values. A good marriage should be based on love, trust and respect.

We should not ignore a problem just because we do not see it around us.

Sometimes problems remain hidden because people are afraid to speak.

Marriage should be a partnership between two people. Neither person should be treated as the property of the other.

A wife is still a person with her own feelings, choices and rights.

If we believe in equality and respect, we should also be willing to talk about violence inside homes.

Silence may hide a problem.

It should never protect violence.