In India rape while somebody is in a matrimonial relationship with each other is not considered as crime. The Indian Penal Code, 1860 only recognize Rape as offence under section 375  where rape has been defined under the Indian Penal Code, where rape as an offence has been defined, the intent of the legislature was to protect women against any forceable sexual intercourse which obviously would be against her consent and will and also to create a definition which would so far as possible would comphrensily cover the entire offence. It is beyond boubt that the Indian Judiciary in the previous years has delivered judgements which has remarkably deterred the commission of the offence and enhance the respect for women in the society. Marital Rape is an exception of rape as the commission of this offence has not been provided as an offence under the Indian Penal Code, as non – Consensual sex within marriage is not considered rape in India. In this paper we will pivot on Article 14 & 21 of the Constitution of India and nuptial rape is absolutely unconstitutional. Further we note the safeguards for women against marital rape and we complete on the note that criminalisation of rape in marriage is exclusively necessary and there is dire need of changes.

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Keywords: Rape, Marital Rape, Violation of Fundamental Rights, Safeguards for Victim Women.