The Marital Rape Exception In India: A Constitutional And Criminal Law Analysis
Anirudh Singh Chauhan, B.A.LL.B. (Hons.), Himachal Pradesh National Law University, Shimla
ABSTRACT
Sexual abuse, whether occurring within or outside marriage, has been widely recognised as a serious violation of women’s dignity and bodily autonomy. In legal terms, rape refers to non-consensual sexual intercourse or sexual activity carried out against the will or without valid consent, and is recognised as one of the gravest forms of gender-based violence. The repercussions of such crimes usually come in various forms, such as physical harm, psychological suffering and social alienation. The dignity of a woman in most societies is still related directly to the concept of family honour, and this fact does not help in encouraging women to report sexual offences; thus, it is one of the reasons why a culture of silence regarding sexual crime remains perpetuated. Among sexual offences, marital rape remains one of the least reported and most legally complex forms of sexual violence. Historically, the spousal exception has been an acknowledged exception under rape law in various jurisdictions, such as India, which is mainly based on traditional assumptions of irrevocable consent in marriage. This paper discusses the constitutional, legislative and social consequences of the marital rape exception and the ways it is inconsistent with the modern values of equality, dignity and individual autonomy. The paper further analyses global legal developments relating to the criminalisation of marital rape and proposes a rights-based framework aimed at balancing institutional concerns of marriage with the protection of individual constitutional rights.
Keywords: Marital Rape, Consent, Constitutional Law, Article 14, Bodily Autonomy.
