Deconstructing Marital Rape Immunity In India
- IJLLR Journal
- Jul 2
- 1 min read
Parneet Kaur, CT Institute of Law, Jalandhar, Punjab, India
Sonali, CT Institute of Law, Jalandhar, Punjab, India
ABSTRACT
“Sexual violence is an unlawful violation of a woman’s dignity, autonomy, and bodily integrity.” Yet, marital rape in India continues to remain outside the scope of criminal law, protected by long-standing legal and social assumptions. While non-consensual sex outside marriage is recognized as rape, the same act within marriage is exempted on the presumption of implied consent. This paper examines whether marriage can be interpreted as irrevocable consent and questions the validity of the marital rape exception. It highlights the contradictions within existing legal provisions relating to consent, child marriage, and unequal protection of women. The study further explores how such exemptions reflect a patriarchal framework that undermines women’s rights within marriage.
By analysing legal provisions and judicial developments, the paper argues for the recognition of a married woman’s right to consent and emphasizes the need for reform to align the law with constitutional principles of equality, dignity, and personal liberty.
