Beyond Sacred Vows: The Case For Criminalising Marital Rape

Kavya Agrawal, Jindal Global Law School

Harshita Gupta, Jindal Global Law School

ABSTRACT

Marital rape has emerged as a critical issue at the crossroads of morality and law, which was once shrouded in societal taboos. This paper examines the legal history of marital rape in India, tracing its evolution from a social stigma to a representation of equality within marriage. Examining the shortcomings of the existing legal system, especially the controversial exception to Section 375 of the Indian Penal Code (IPC), the paper examines the moral dilemma of balancing individual rights within the institution of marriage. It highlights the moral imperative of recognizing consent as non- negotiable, even within the scared institution of marriage. The paper thoroughly analyses the potential challenges and arguments against criminalization of marital rape by weighing the pros and cons. It also discusses the detrimental impact of marital rape on families and calls for legislative changes in areas where equality and justice are of utmost importance. The paper makes a case for the urgency of criminalizing marital rape and argues that it is an important step for ensuring bodily autonomy for all women irrespective of their marital status. It ultimately sheds light on the paradox that lies in the fact that discussions about women's safety often focus on public spaces, neglecting the reality of what happens at her home, where she should feel the safest.