Wedlock Or Deadlock? A Critical Study On Marital Rape In India
- IJLLR Journal
- Jul 23
- 2 min read
Jaimini Kumar Sahu, Assistant Professor, Vikash Law School, Bargarh
Ekta Ratha, BA LLB (Hons.), Vikash Law School, Bargarh
ABSTRACT
Marital rape – the act of non-consensual sexual intercourse within a marriage – remains a contested and legally exempt crime in India, unlike in most democratic countries. It remains one of the most contentious and under- addressed issues in the Indian legal system. Despite widespread advocacy, international obligations, and judicial scrutiny, Indian law continues to shield husbands from prosecution for rape if the wife is over 18. This article explores the legal definition, historical evolution, ongoing court battles, and arguments both supporting and opposing criminalization. It also highlights the societal impact on victims and outlines reforms needed to bring Indian law in line with constitutional values and global human-rights standards.
This article critically examines the legal, social, and constitutional dimensions of marital rape in India. It delves into the historical context and legislative intent behind the marital rape exception, juxtaposing it with the evolving jurisprudence on sexual violence and consent. The article also evaluates the inconsistency between India’s domestic laws and its international obligations under treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Furthermore, the article analyzes recent judicial observations, public interest litigations, and the ongoing debate around criminalization of marital rape. It discusses the challenges faced by lawmakers, including cultural sensitivities, fear of misuse, and the need to balance personal liberty with privacy and the sanctity of marriage. Drawing from comparative legal frameworks of other jurisdictions that have criminalized marital rape, the article presents a case for comprehensive legal reform in India.
The article argues that the continued legal immunity for marital rape is incompatible with constitutional guarantees of equality, dignity, and personal liberty. It calls for an urgent re-examination of existing laws and a rights-based approach to sexual violence within marriage, in order to uphold justice for all women, regardless of their marital status.
Keywords: Marital Rape, Consent, Gender Equality, Domestic Violence, Human Right, Women’s Rights.
