Criminalization Of Marital Rape In India: A Critical Analysis Of The Indian Penal Code And The Need For Legal Reform

Abstract

Marital rape represents one of the most congested areas at the intersection of criminal law, constitutional rights, gender equality and the institution of marriage in India. While Indian criminal law recognizes rape as a serious violation of a woman's bodily integrity and sexual autonomy, the legal framework existing up to 2015 continued to provide an exception for sexual intercourse by a husband with his wife, subject to the statutory age qualification. This created a significant distinction between sexual violence committed within and outside marriage. The present paper critically examines the marital rape exception under Section 375 of the Indian Penal Code, 1860, with particular attention to the concept of consent, constitutional guarantees of equality, dignity and personal liberty, and the reforms introduced by the Criminal Law (Amendment) Act, 2013. It further considers the Protection of Women from Domestic Violence Act, 2005 and the recommendations of the Justice J.S. Verma Committee. The study adopts a doctrinal and analytical methodology based on legislation, committee reports, judicial principles and secondary legal literature available up to 2015. It argues that the distinction created by marital status raises substantial questions regarding sexual autonomy and equal protection of married women and identifies the need for a coherent legal framework that recognizes consent as continuing and voluntary within marriage while incorporating appropriate procedural safeguards.