Between Consent And Conjugality: The Case For Criminalizing Marital Rape In India
- IJLLR Journal
- Feb 27
- 1 min read
Hazra Maaz Baki, PhD Scholar, Alliance University (Bangalore)
ABSTRACT
Marital rape remains a legally unrecognized offense in India due to the exception under Section 63 Exception 2, which shields husbands from prosecution for non-consensual intercourse with their wives. This legal stance is rooted in patriarchal notions of marriage, where conjugal rights are often perceived as superseding individual bodily autonomy. This paper examines the conflict between consent and conjugality, highlighting the legal, constitutional, and human rights implications of the marital rape exception. It critically analyzes the jurisprudence on restitution of conjugal rights and its impact on women’s right to bodily autonomy and dignity. A comparative analysis of jurisdictions that have criminalized marital rape demonstrates the feasibility and necessity of such legal reform in India. The study also explores socio-cultural resistance to criminalization and its potential implications on gender justice. The paper argues that criminalizing marital rape is essential to upholding constitutional principles of equality, dignity, and personal liberty. The paper concludes with recommendations for legislative reforms, judicial intervention, and public awareness initiatives to address this pressing issue.
Keywords: Marital Rape, Consent, Conjugal Rights, Gender Justice, Criminalization
