Marital Rape And Gender Equality Under International Human Rights Law
- IJLLR Journal
- Jun 26
- 2 min read
Abhinav Saxena, Himachal Pradesh National Law University, Shimla
Kanak, Maharshi Dayanand University Centre for Professional and Allied Studies, Gurugram
ABSTRACT
India’s stance on marital rape continues to be a significant human rights issue, influenced by intricate legal, cultural, and societal dynamics. Despite the global consensus that spousal rape constitutes a severe form of sexual abuse, India has yet to criminalise it under Section 63 of the Bhartiya Nyay Sanhita, 2023.1 The absence of specific legislation on marital rape perpetuates patriarchal ideologies that allow husbands to exercise unrestricted sexual control over their wives, thereby eroding women’s bodily autonomy, dignity, and equality within marriage.
This article examines the legal status of marital rape in India by delving into its cultural and historical context, and assessing the societal beliefs that justify and sustain such abuse. The strong social stigma attached to marital rape often deters survivors from pursuing legal recourse, leaving them socially marginalised and legally unprotected. Furthermore, the paper discusses recent debates on the need for criminalisation, the efforts of civil society, the importance of legislative action, and the emerging cultural shift that emphasizes consent as the fundamental principle in all marital and sexual relationships. To ensure justice for survivors and address the deeply entrenched gender disparities that enable marital rape, Indian law must be brought into conformity with universally accepted human rights standards. This necessitates a multidimensional approach involving legal reform, widespread public education, and the establishment of comprehensive support mechanisms for survivors. The criminalisation of marital rape constitutes an essential prerequisite for the advancement of gender justice and the cultivation of a societal framework grounded in the principles of dignity, equality, and universal human rights.
Keywords: Marital rape, gender equality, international human rights, legal system in India.
