Beneath The Veil Of Marriage: Article 21 And The Fight For Sexual Autonomy
- IJLLR Journal
- Jun 12
- 1 min read
Balpreet Kaur Bhatti, KES’ Shri Jayantilal H. Patel Law College
ABSTRACT
This paper critically examines the constitutional invalidity of Exception 2 to Section 375 of the Indian Penal Code, which exempts husbands from prosecution for raping their wives. Grounded in colonial-era and patriarchal notions of implied marital consent, this legal exception starkly contradicts the fundamental rights guaranteed under Article 21 of the Indian Constitution, including the rights to dignity, bodily integrity, and sexual autonomy. Through an analysis of evolving jurisprudence—particularly in cases such as Francis Coralie Mullin, Suchita Srivastava, and Justice K.S. Puttaswamy—the paper argues that the continued legal impunity for marital rape undermines constitutional values and violates Articles 14 and 15 by institutionalizing gender-based discrimination. Counterarguments regarding the sanctity of marriage and potential misuse are rebutted through constitutional reasoning and comparative analysis with jurisdictions that have criminalized marital rape. The study also highlights India’s international obligations under CEDAW and other human rights instruments. It concludes by recommending the repeal of Exception 2, sensitization of the legal system, and expansion of civil remedies under domestic violence law. The criminalization of marital rape, therefore, is not merely a legislative reform but a constitutional necessity essential to uphold the autonomy, equality, and dignity of all women within the marital bond.
