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When most of the countries have penalised Marital rape, it still continues to remain unpenalised in India and the only reason that I can find is to give the unprivileged advantage to the husband because when a woman suffers violence in the name of matrimonial obligations and still sex without consent remains legal in India.
Here is the list of irrational reasons which are made to look like so rational because the society, of course, has the male dominance and laws are favoured according to the patriarchal mindset of our society.
Marital Rape Is Still Not A Crime in India because.....

1. Rape which is legalised under the institution of marriage.

Marital rape is a crime which is not a crime because of the sacred institution of marriage. In India marriage is an institution which gives the legal authority to control over women's body.
2. Destabilize the institution of marriage.

People are in favour of not legalising it because according to them preventing the sacred institution of marriage is more important than preventing the crime against women. Thus, marriage definitely gives the right to legalise crime against women.
3. Wife has given consent to “matrimonial obligations”

Just because a woman has given consent to matrimonial obligations” it is implied that a woman has also permitted to give control over sexual intercourse.
4. Fear of fraudulent cases against husbands.

The ratio of fraudulent cases registered by women against her husband to the crimes against women is definitely very low but still, the male is given preference because ultimately it is the man who has more authority in the society.
5. A wife is considered the property of his husband

Still, a woman is considered a property of his husband and it is assumed that a man cannot commit a crime against his own property.
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Author- Neha Wadhwa
Design credits - Vikas Kakkar
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