Consent Within Marriage: Rethinking The Exception To Rape Laws In India
- IJLLR Journal
- Dec 18, 2025
- 1 min read
Aarohi Prakash, CMR University
ABSTRACT
In India, marriage has traditionally been regarded as a sacred institution, often at the expense of recognizing the individual rights of women within it. The marital rape exception under Section 375 of the Indian Penal Code, 1860, continues to uphold the outdated presumption of implied and irrevocable consent between spouses. This paper critically questions the legitimacy of this exception in the context of constitutional guarantees of equality, dignity, and personal autonomy under Articles 14 and 21. It explores the historical roots of the exception, examines key judicial developments including Independent Thought v. Union of India and the Delhi High Court’s divided ruling in RIT Foundation v. Union of India, and assesses India’s commitments under international human rights law. By drawing on comparative legal approaches in countries such as the United Kingdom, the United States, and South Africa, the paper argues that the failure to criminalize marital rape erodes women’s bodily integrity and sustains systemic gender injustice. It concludes by recommending the removal of Exception 2 to Section 375 IPC and the recognition of consent as fundamental to marital relationships, thereby bringing Indian criminal law in line with constitutional morality and global human rights principles.
Keywords: Consent, Marital Rape, Exception 2 to Section 375 IPC, Constitutional Morality, Gender Justice, Bodily Autonomy, Human Rights, Criminal Law Reform, India
