Marital Rape In India: A Constitutional, Human Rights And Legal Perspective
Naresh Kumawat, Law Center-1, Faculty of Law, University of Delhi
ABSTRACT
Marital rape remains one of the most contested questions in Indian criminal and constitutional law because the marital rape exception places the legal status of marriage in tension with a spouse’s bodily autonomy, dignity, privacy and sexual agency. This manuscript examines the historical, statutory and constitutional dimensions of the issue in India, with particular attention to the former Indian Penal Code and the corresponding provision under the Bharatiya Nyaya Sanhita. It analyses the constitutional concerns arising under Articles 14, 15 and 21 and considers competing judicial approaches, including RIT Foundation v. Union of India and authorities concerning privacy, dignity, reproductive autonomy and equality. The paper also considers selected historical texts, including the Manusmriti and Vatsyayana’s Kamasutra, as contextual material rather than modern legal authorities. Finally, it examines the continuing Supreme Court proceedings concerning the marital rape exception and argues for a legal framework that recognises consent and bodily autonomy within marriage while carefully addressing legislative policy, evidentiary standards and safeguards against misuse.
