Marital rape is a term that never been looked into by Indian legislatures even it has been by-passed for so many occasions. Recently the Supreme Court of India criminalized unwilling sexual contact within a wife between fifteen and eighteen years of age. This is a steeping forward judgment on the issue of marital rape. But it only classifies the fifteen to eighteen year‟s wives that might be created difference between an adult wife and under aged wife. Not only that, exception 2 of Section 375 of Indian Penal Code provides an implied right to the husband to make sexual intercourse with his wife without her consent. The question emerges regarding necessity to Lord Macaulay law‟s applicability after passing of long one fifty years on this very issue. The India Judiciary has taken a significant role defining right to equality and right to life post Maneka Gandhi era. Indian matrimonial laws, in this context, say marriage is a sacrament between two spouses. There is a logical debate that yet to be continuing whether criminalization of marital rape would destroy the marital institutional philosophy? This present research intends to introspect taking the laws and issues about marital rape and would find the remedy if any.

Keywords: Marital Rape, Marriage, Sexual Contact, Women‟s Rights.