CRIMINALIZATION OF MARITAL RAPE: A CONSTITUTIONAL PERSPECTIVE IN INDIA

The issue of marital rape has emerged as one of the most complex and debated subjects within the framework of Indian constitutional and criminal law. In a democratic society governed by the rule of law, the protection of individual dignity, bodily autonomy, and personal liberty forms the foundation of justice. However, the continued existence of the marital rape exception in Indian law raises serious concerns about the extent to which these constitutional values are upheld within the institution of marriage. The legal system is expected not only to reflect societal norms but also to challenge practices that violate fundamental rights. Marital rape refers to non-consensual sexual intercourse by a husband with his wife. Despite global recognition of such acts as a violation of human rights, Indian law, under Exception 2 to Section 375 of the Indian Penal Code, does not criminalize marital rape if the wife is above a specified age. This exception is often justified on the basis of preserving the sanctity of marriage, yet it stands in direct conflict with modern understandings of consent and individual autonomy. The absence of legal recognition denies married women protection against sexual violence within their own homes.