MARITAL RAPE IN INDIA: LEGAL CHALLENGES AND EVOLVING JURISPRUDENCE

AUTHOR – NISHA SOOD, ASSISTANT PROFESSOR OF LAW, BABA KUNDAN SINGH MEMORIAL LAW COLLEGE, JALALABAD (E), DHARAMKOT, MOGA, PUNJAB 142042

BEST CITATION – NISHA SOOD, MARITAL RAPE IN INDIA: LEGAL CHALLENGES AND EVOLVING JURISPRUDENCE, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 233-237, APIS – 3920-0007 | ISSN – 2583-7230

Abstract

This paper critically examines the issue of marital rape in India, highlighting the stark legal, social, and institutional barriers that prevent its recognition and criminalization. It traces the historical justifications for the marital rape exception clause under Section 375 of the Indian Penal Code, rooted in patriarchal ideologies such as the wife’s subordination and the legal theory of marital unity. The research draws attention to key legislative documents, Law Commission reports, judicial opinions, and parliamentary debates, all of which reveal a consistent reluctance to address marital rape due to concerns about preserving the institution of marriage. The paper analyzes significant court rulings and public interest litigations, including the recent split verdict by the Delhi High Court and the pending cases before the Supreme Court, that underscore the legal ambiguity and constitutional concerns surrounding marital rape. International perspectives, along with arguments from legal and human rights frameworks, are discussed to strengthen the call for reform. The paper concludes by recommending comprehensive legal recognition of marital rape as an offense under Indian criminal law, equal punishment as prescribed for other rape cases, and corresponding amendments in matrimonial laws to protect the bodily autonomy and fundamental rights of married women.

Keywords:  Marital Rape, Domestic Violence, Sexual Autonomy, Gender Equality, Legal Reform, Constitutional Rights, Law Commission Reports, Public Interest Litigation