Law says..

Despite the brutal gangrape and death of ‘Nirbhaya’, the massive protests, the uproar in parliament and the Justice Verma Committee (which did in fact recommend criminalising marital rape), India’s parliamentarians just could not find it in them to treat married and unmarried women equally, on matters of rape.
Married women have been made a special category in the law. The Criminal Law Amendment Act 2013, which parliament quickly passed after the death of Nirbhaya, left intact the Indian Penal Code exception on matters of rape of married women.
“Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape,” says the law, while explaining the various instances of: “A man is said to commit “rape” if he…”
In the event of the law denying the reality of sexual violence within marriages, “Married women only have the option of using section 498A of the Indian Penal Code, which lays down provisions on cruelty, if they need to allege sexual violence against their husbands,” says Kavita Krishnan, secretary of the All India Progressive Women’s Association.

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