is rape in marriage any differentasks awasthialthough marital rape can be punishable under 498a of ipc which covers cruelty against women nundy says that it does not grant married victims the benefits of anonymity medical care and legal aid which are provided to rape victims otherwisethough the justice verma committee in its 2013 report post nirbhaya had recommended criminalisation of marital rape no political party barring cpm has supported it in its opposition to the petition the union government has cited tradition and religious beliefs that treat marriage as a sacramentmarriage in india awasthi agrees has been traditionally treated as a sacrament but he argues that nowhere do hindu religious texts grant immunity to husbands for rape our culture celebrates the exercise of choice by a woman in matters of selection of partner as well as sexual autonomy he saysmany say that since marriage presumes consent for a sexual relationship a law against marital rape will cause irreparable damage to the institution a law against marital rape will not destroy marriage rape destroys marriage retorts nundy now its up to the courts to give wives the right to say no