Criminalization Of Marital Rape In India: A Constitutional And Jurisprudential Analysis
- IJLLR Journal
- Apr 21
- 1 min read
Kumar Kartikeya, PhD Scholar, Research Scholar, Department of Law, NIMS University
Ashwani Kumar, LL.M. Department of Law Dr. Harisingh Gour Central University Sagar M.P
ABSTRACT
The issue of criminalization of marital rape in India has emerged as one of the most contentious debates in contemporary constitutional law. While rape outside marriage is a punishable offence under the Indian Penal Code, 1860, Exception 2 to Section 375 continues to exclude marital rape from its ambit. This exception raises serious concerns regarding gender equality, bodily autonomy, and the protection of fundamental rights within the institution of marriage.
This paper critically examines the legal position of marital rape in India through a constitutional lens. It evaluates judicial developments, comparative jurisprudence, and socio-legal challenges. The study argues that the marital rape exception is inconsistent with modern constitutional values and requires urgent reform, while also addressing concerns related to misuse and evidentiary difficulties.
Keywords: Marital Rape; Section 375 IPC; Constitutional Law; Gender Justice; Article 14; Article 21; Criminal Law Reform; India.
