Legislative and social views towards marital rape, a type of sexual assault that occurs inside the structure of a marriage, have changed throughout time, making it a controversial topic. The history of marital rape, its acknowledgment, and the legalisation of sexual assault in marriage are all covered in this conversation.

Engaging in sexual activity with the other spouse without their consent is known as marital rape, often referred to as spousal rape.

While marital rape has become illegal in over 100 countries today, India remains regrettably one of the 36 remaining nations where this crime is not yet prosecuted.

Background History:
Traditionally, marriage has been viewed as a legal agreement that included permission to sexual relations between partners. Due in large part to this historical perspective, spousal rape was frequently excluded from criminal legislation. Regardless of the desires of either spouse, the general consensus was that marriage required an unwavering, permanent agreement to sexual contact.

Social conventions supported the notion that husbands had the right to have sexual relations with their wives throughout a significant portion of history, irrespective of the women's desires. This viewpoint represented larger disparities in power between the sexes and in relationships. Women's autonomy and rights were frequently supplanted by conventional gender roles and cultural expectations.

The Development of Laws:

In reaction to shifting cultural views on gender equality and individual rights, marital rape has come to be recognised as a criminal offence. To rectify the past negligence, several legal systems have undertaken revisions.

International Views:

The eradication of violence against women, especially in marriage, has been demanded by a number of international human rights agreements. International accords that highlight the need to address violence against women, including marital rape, including the Beijing Declaration and Platform for Action and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

1. National Law:

   Different approaches have been taken by nations worldwide to make marital rape a crime. Some states have passed laws that specifically make sexual assault in a marriage illegal, classifying it the same as rape outside of a marriage. Some, on the other hand, could rely on more general rules against sexual assault that cover rape in marriage.

Marital rape laws frequently rely on the concepts of consent and physical autonomy. Laws usually highlight the significance of continuous, voluntary consent within married relationships in states where marital rape is illegal.

Justifications for Criminalization:

Proponents of criminalising marital rape contend that one spouse should not have the fundamental right to participate in non-consensual sexual actions throughout a marriage. This is known as the "autonomy and consent" argument. They emphasise how crucial it is to respect people's individuality and agency in married partnerships.

1. Gender Equality:
   It is believed that making marital rape a crime is a first step towards achieving gender equality. It questions established gender norms and recognises that each spouse in a marriage ought to have an equal say over how their bodies are used and what sexual activities they choose.
    
2. Impact on the Mind and Body:
   Survivors of marital rape may experience serious harm to their minds and bodies. By making such actions illegal, survivors are able to take legal action and acknowledge the seriousness of the crimes, which serves to further emphasise the idea that no one should ever experience sexual violence in a relationship.

Criticisms and Challenges:

1. Concerns about Privacy and Evidence:
   Opponents contend that making marital rape a crime may lead to problems with privacy and the acquisition of evidence. It might be more difficult to pursue these kinds of instances because married relationships are private.
    
2. False Accusation Concerns:
   Some opponents worry about false allegations in married couples, highlighting the need to strike a careful balance between safeguarding the rights of the accused and protecting survivors.
    
3. Barriers relating to culture and law:
   Legal obstacles and well-rooted cultural values may prevent marital rape from being criminalized in some nations. Resistance to reforms is frequently found in ingrained views about marriage and family relationships.

• Worldwide Development and Persistent Obstacles:
  1. Reforms in the Law:
     Legal developments in several nations have resulted in the recognition and criminalization of marital rape. These modifications are a part of a larger movement in marriage law that recognizes the value of individual rights and consent.
      
  2. Public Education and Awareness:
     To challenge cultural norms and debunk myths surrounding marital rape, ongoing public awareness and education campaigns are essential. Campaigns strive to lessen stigma, alter perceptions, and inspire survivors to go for assistance and justice.

Indian laws pertaining to marital rape
Despite the passage of many new laws and other reforms, spousal rape is still not considered a crime in our nation. The court has the ultimate word on all matters pertaining to marriage and there are no rules protecting women in the institution.

According to Indian Penal Code Section 375, "Sexual intercourse by a man on his own wife, the wife not being under the age of 15 years, is not rape."17.

The following are the situations under the I.P.C. where a spouse is punished for marital rape:

1. A fine, up to two years in jail, or both, may be imposed when the wife is between the ages of twelve and fifteen;¹⁸
2. If the wife's age is less than twelve, she will be imprisoned for a minimum of seven years, a maximum of life, and will also be fined¹⁹
3. A two-year prison sentence and fine are possible when the wife is granted judicial separation²⁰
4. If a wife is older than 15, she is not subject to legal consequences for rape²¹

Accordingly, we may deduce that women who marry after the age of 15 are not protected by the law if their husbands engage in unwanted sexual advances, a violation of their human rights. This is concerning because, although the Constitution establishes eighteen as the legal marriage age, the law only shields girls under the age of fifteen from sexual assault; girls who are older than this have no legal protections.

In light of its discriminatory nature against women and lack of legal knowledge, the 42nd Law Commission22 report proposes eliminating Section 375's exemption from the Indian Penal Code. It is true that the 172nd Law Commission23 report supported doing away with Section 375's exceptional instance, which would have rendered conjugal assault illegal. However, more than 20 years have gone and nothing has been done to address this issue.

In summary:
One crucial step towards correcting past legal framework oversights and resolving long-standing gender inequality is the outlawing of marital rape. It represents a rising realization that consent is essential regardless of the type of connection. Even while there has been progress, issues still exist, necessitating ongoing campaigning, education, and legislative change to build a society that values the autonomy, rights, and well-being of every person—both inside and beyond the institution of marriage.