Author(s): Jyoti

Abstract: Marital rape remains one of the most contested and under-recognised forms of sexual violence in India, largely due to the continued existence of a legal exception that excludes non-consensual sexual acts within marriage from the ambit of rape. This paper critically examines the need for legal recognition of marital rape through constitutional, socio-cultural, and human rights perspectives. It analyses the historical roots of the marital rape exception, prevailing patriarchal norms, and traditional perceptions of consent that have normalised sexual violence within marriage. The study further evaluates the existing legal framework, judicial responses, and comparative international practices, highlighting inconsistencies with constitutional guarantees of equality, dignity, and bodily autonomy. Drawing upon empirical data and evolving jurisprudence, the paper argues that non-criminalisation perpetuates gender inequality and denies married women effective legal protection. It concludes by advocating comprehensive legal reform, supported by safeguards, awareness, and institutional sensitisation, to align Indian law with constitutional morality and gender justice.

Keywords: Marital Rape, Criminalisation, Legal and Human Rights, Indian Penal Code.

Article Info: Received: 25 Sep 2023; Received in revised form: 23 Oct 2023; Accepted: 27 Oct 2023; Available online: 31 Oct 2023

DOI: 10.22161/ijels.85.47