Marital Rape: Does the Law Protect Bangladeshi Women?

For many women in Bangladesh, the home is not a sanctuary; it is a place of silent suffering. While the nation has made strides in education and economic participation, a dark legal vacuum remains within the four walls of the bedroom. Marital rape, a term often whispered or dismissed as a “Western concept,” is a brutal reality for thousands, yet our legal system continues to look the other way.

The root of this injustice lies in Section 375 of the Penal Code 1860, a colonial-era relic. The law defines rape as non-consensual sexual intercourse, but it contains a chilling exception. It states that sexual acts by a man with his own wife, provided she is over 13, cannot be prosecuted as rape. This “marital exception” effectively grants a husband a legal license to ignore his wife’s consent, treating her body as a piece of property rather than a human being with rights.

The numbers tell a heartbreaking story. Globally, the World Health Organization (WHO) estimates that one in three women experiences physical or sexual violence, often at the hands of an intimate partner. In Bangladesh, the statistics are even more alarming. Ruchira Tabassum Naved’s study found that lifetime sexual violence prevalence reached 37 per cent in urban areas and a staggering 50 per cent in rural regions. More recent data from the Bangladesh Bureau of Statistics (BBS) suggests that 27.3 per cent of women have been forced into sex by their husbands.

The human cost of this legal gap is seen in our courts. In the 2016 case of Marium Khatun v. State, the victim suffered severe physical injuries, yet the marital exemption was applied to shield the perpetrator. Similarly, in Salma Khatun v. State (2010), the court upheld the exemption, reinforcing the idea that marriage serves as a contract of permanent consent. Perhaps most tragic is the case of Nurunnahar, a 14-year-old child bride who died due to injuries from forced sex, but because she was married, her husband could not be charged with rape.

Recent academic work highlights why change is so difficult. A qualitative study by Jafrin Mahmud and Josinta Zinia (2021) found that many in Bangladesh view marital rape as a “man-made feminist concept” rather than a crime. Their research shows that societal norms often dictate that a wife has no right to complain about her “cohabitation activities,” a mindset that traps women in abusive cycles. Furthermore, Najmul Hasan (2025) argues that this legislative silence creates a “critical gap” in protection, especially when compared to countries like the UK, which criminalised the act in 1991.

This is more than a legal issue; it is a crisis of Sexual and Reproductive Health and Rights (SRHR). Forced sex is linked to unintended pregnancies, sexually transmitted infections, and deep-seated psychological trauma like PTSD and depression. Without the right to say “no” within marriage, women lose autonomy over their own health and futures.

It is time to end the silence, to recognise that rape is rape, regardless of a marriage certificate. We must reform Section 375 and protect the dignity of every woman, because no one should be forced to sleep with their abuser under the protection of the law.

Source:

1. Saudi Journal of Humanities and Social Sciences
2. Springer Nature
3. International Journal of Research(IJR)