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Legal loopholes covering up marital rape in Bangladesh

Published : Saturday, 15 March, 2025 at 12:00 AM  Count : 608
Sanjida Nourin Jhinuk
Marital rape remains one of the least discussed yet most prevalent forms of gender-based violence in Bangladesh. While conversations around consent and bodily autonomy are gaining ground globally, the legal system in Bangladesh still refuses to acknowledge that non-consensual sex within marriage is rape. The silence surrounding this issue not only denies justice to survivors but also perpetuates the harmful idea that marriage grants unconditional sexual access to one's spouse. The absence of legal recognition leaves victims with no legal recourse, forcing them to endure repeated violations without protection or justice.

The Bangladesh Penal Code, inherited from British colonial rule, explicitly exempts marital rape. Section 375 defines rape as sexual intercourse without consent but includes a clause stating that sex within marriage does not constitute rape unless the wife is under thirteen. This outdated provision ignores the fundamental right to bodily autonomy and contradicts both the Bangladesh Constitution's commitment to gender equality and international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). While more than 100 countries have criminalized marital rape, Bangladesh remains among the nations where survivors remain legally invisible.

The Violence Against Women Survey (2011) found that 87% of married women in Bangladesh had experienced abuse from their husbands, including physical and sexual violence. A 2015 study reported that 27.3% of ever-married women had been forced into sex by their husbands. However, due to the deep stigma surrounding sexual violence in marriage, the actual numbers may be far higher.

To bridge this data gap, I conducted a social media-based survey on marital rape in Bangladesh, which revealed distressing insights. 96.7% of respondents reported experiencing non-consensual sex in marriage, while 89.4% were familiar with the term "marital rape". Alarmingly, only 40% knew that marital rape is not a punishable crime in Bangladesh, and 85% of victims never sought help, largely due to social stigma and legal barriers. The survey also highlighted that while 99% of undergraduate respondents were aware of marital rape, 13.7% still did not consider it a crime, often citing religious or cultural beliefs.

“Legal reform is necessary to break this cycle of silence and impunity. Bangladesh must amend Section 375 of the Penal Code to remove the marital rape exemption, ensuring that consent is recognized within marriage. The Domestic Violence (Prevention and Protection) Act (2010) should also be strengthened to explicitly include marital rape as a form of domestic violence”

While women are the primary victims of marital rape, this issue affects people beyond the gender binary. The lack of legal recognition denies justice to all survivors, regardless of gender and reinforces the dangerous notion that a spouse has unconditional rights over their partner's body.

Beyond the physical trauma, marital rape inflicts deep psychological wounds. Survivors often experience depression, PTSD, anxiety and suicidal thoughts, struggling with self-blame and isolation. Many also face economic dependence on their abusive spouse, making it difficult to escape or seek justice. The social and legal neglect of marital rape not only harms individuals but also fuels broader cycles of gender inequality and domestic violence, affecting entire families and communities.

One of the biggest challenges in addressing marital rape is the argument that criminalizing it would "destroy marriages." This belief is rooted in patriarchal attitudes that prioritize the institution of marriage over the dignity and rights of individuals. In reality, marital rape is what destroys marriages, not legal protection against it. Many countries have successfully criminalized marital rape without any disruption to family structures. Instead of weakening marriage, recognizing marital rape as a crime ensures that marriages are built on mutual consent and respect.

Legal reform is necessary to break this cycle of silence and impunity. Bangladesh must amend Section 375 of the Penal Code to remove the marital rape exemption, ensuring that consent is recognized within marriage. The Domestic Violence (Prevention and Protection) Act (2010) should also be strengthened to explicitly include marital rape as a form of domestic violence. Additionally, support services such as legal aid, shelters and mental health counseling must be expanded, alongside awareness campaigns to challenge societal misconceptions about marital rights and consent.

For too long, Bangladesh has ignored the voices of survivors, hiding behind outdated laws and cultural taboos. But silence does not protect marriages, it protects abusers. Criminalizing marital rape is not about attacking marriage or family values; it is about upholding the basic human right to bodily autonomy. If over 100 countries can recognize this, why can't Bangladesh? The time to break the silence is now.

The writer is an undergraduate student, Department of International Relations, University of Dhaka



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