Marital Rape in India:A Comparative and Constitutional Analysis

Marital rape remains a controversial issue in Indian criminal law, where the exception to Section 375 of the Indian Penal Code (now Section 63 of the Bharatiya Nyaya Sanhita) exempts husbands from liability for non-consensual sexual acts with their wives. This study examines the concept, historical evolution, and socio-cultural factors influencing this exception. It evaluates the exception’s constitutional validity under Articles 14, 19, and 21 of the Constitution of India, focusing on equality, dignity, and personal liberty. The research also analyses judicial trends through cases such as Independent Thought v. Union of India and RIT Foundation v. Union of India. A comparative study with international legal frameworks highlights the gap in Indian law. The study concludes that the marital rape exception is inconsistent with constitutional principles and recommends legal reform and greater awareness.