Exception 2

Exception 2 of Indian Penal Code Section 375 states — Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

1 in 3 men admit to raping their wives, and 1 Indian woman is raped by her husband every 3 seconds.

The National Health and Family Survey said that 5.4 percent of women in India have experienced marital rape. Now, this is only a small portion of the population that has admitted to it. Imagine the number of cases that go unreported or even recorded, because of social stigma.

Violation of Article 14 of the Indian Constitution - Article 14 of the Indian Constitution ensures that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Although the Constitution guarantees equality to all, Indian criminal law discriminates against female victims who have been raped by their own husbands.
Violation of Article 21 of the Indian Constitution - Exception 2 is also a violation of Article 21 of the Indian Constitution. Article 21 states that “no person shall be denied of his life and personal liberty except according to the procedure established by law.”