Presently, marital rape is not a ground for divorce under Hindu Marriage Act 1955 or Special Marriage Act 1954. A PIL is filled by advocate Anuja Kapoor before the Delhi HC . The petition is filled before the Hon’ble court seeking a direction to the central government to declare marital rape as a ground for divorce. The petition states that since marital rape is neither a crime nor a context in the cases of sexual assault, usually police does not register the FIRs.
The petition is based on a lot of facts and statistics that show 5 out of 100 women in India reported that their husband had forced them to have sexual intercourse with him against her wants. Marital rape has long last long physical, mental, emotional and psychological impact on women, it reduces her status to that of mere a corpse and it against her dignity and honor. the matter will be taken up by the court in a few days.