Marital Rape In India: Examining The Conflict Between Legal Immunity And Women’s Rights
- IJLLR Journal
- Mar 16
- 1 min read
Pratishtha Saxena, Research Scholar, Department of Law, Brahmanand P.G. College, Kanpur
Dr. V.S. Tripathi, Professor, Department of Law, Brahmanand P.G. College, Kanpur
ABSTRACT:
Marital rape has emerged as one of the most controversial and widely debated issues in contemporary Indian legal discourse. Although rape is recognized as a serious criminal offence under criminal law, Indian legislation continues to retain an exception where the alleged perpetrator is the husband of the victim. This marital rape exception creates a significant conflict between the traditional perception of the sanctity of marriage and the protection of women’s fundamental rights. The present study critically examines the legal framework relating to marital rape in India and analyses the rationale behind the continuation of legal immunity granted to husbands. It further explores the constitutional dimensions of the issue, particularly in relation to the principles of equality, dignity, bodily autonomy and personal liberty guaranteed to women under the Constitution. The research also discusses the evidentiary challenges associated with prosecuting marital rape and highlights the socio-cultural factors that influence its legal recognition. By analyzing judicial developments and comparative legal perspectives, the study attempts to evaluate whether the existing legal position adequately safeguards the rights and dignity of married women. The paper concludes by emphasizing the need for a balanced legal approach that preserves the institution of marriage while ensuring effective protection of women’s rights and bodily autonomy.
Keywords: Marital Rape, Legal Immunity, Women’s Rights, Consent, Constitutional Rights, Indian Criminal Law.
