Socio-Legal Barriers To The Criminalisation Of Marital Rape In India: A Critical Analysis
- IJLLR Journal
- Mar 29
- 1 min read
Dr. V J Praneshwaran, School of Legal Studies, CMR University.
Arundathi. R, School of Legal Studies, CMR University.
ABSTRACT
The criminalisation of marital rape in India remains a deeply contested issue at the intersection of law, society, and cultural norms. Despite growing global recognition of marital rape as a violation of bodily autonomy and human rights, Indian criminal law continues to retain the marital rape exception under Section 375 of the Indian Penal Code. This paper critically examines the socio-legal barriers that hinder the criminalisation of marital rape in India, focusing on cultural norms, misuse arguments, and the persistent problem of underreporting.
The study adopts a doctrinal and analytical approach, drawing upon legal provisions, judicial pronouncements, and scholarly discourse to explore how entrenched patriarchal values shape both legal frameworks and societal attitudes. It argues that traditional notions of marriage, which imply irrevocable consent, continue to influence resistance to reform. Additionally, concerns regarding the potential misuse of rape laws are critically evaluated to assess their validity and impact on legislative inaction. The paper also highlights how stigma, economic dependency, and lack of awareness contribute to the underreporting of marital rape, thereby obscuring the true scale of the issue.
The research contends that these socio-legal barriers, while significant, do not provide sufficient justification for the continued exclusion of marital rape from the ambit of criminal law. It concludes that aligning legal standards with constitutional principles of equality, dignity, and personal autonomy requires both legal reform and broader societal change. The paper ultimately advocates for a balanced and context-sensitive approach to criminalisation.
