CHALLENGING THE SILENCE: MARITAL RAPE AND GENDER JUSTICE IN INDIA

AUTHOR – VARSHANA V C, STUDENT (LAW) AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – VARSHANA V C, CHALLENGING THE SILENCE: MARITAL RAPE AND GENDER JUSTICE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 198-211, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/LREC7876

ABSTRACT

Marital rape is still one of the most contested and least addressed forms of violence against women in India. Even though there is now a global admission of sexual autonomy within marriage, Indian law still gives statutory immunity to husbands via Exception 2 of Section 375 of the Indian Penal Code, which provides a husband with legal immunity from being prosecuted for non-consensual sexual intercourse with adult wives. This essay examines conceptual, legal, constitutional, and socio-cultural aspects of marital rape in India and the gap between statutory immunity and gender justice. The study uses an interdisciplinary methodology that combines doctrinal analysis of statutory law, judicial pronouncements, and constitutional provisions with empirical evidence drawn from nationally representative survey data, scholarly articles, and reports from international and national agencies.The study also assesses India’s responsibilities under international human rights commitments, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the International Covenant on Civil and Political Rights (ICCPR). Findings suggest that marital rape exists and remains underreported due to the influence of gender-based social norms, pervasive loopholes, and stigma in society. The recommendations also identify Constitutional contradictions in retaining the exception for marital rape under Articles 14, 15, and 21 that highlights the disjunction between India’s Constitutional commitments versus existing laws. The study presents an exhaustive set of recommendations, which include advocacy for the legislative repeal of the exception for marital rape, judicial amelioration; administrative-level intervention solutions; to promote awareness; and issues (women’s inequality in society, women’s empowerment) that hypothetically empowered women to access their bodily autonomy while considering the cultural landscape. By reconceptualizing marital rape as a legal and social issue, this study intends to contribute to gender justice and the advancement of women’s bodily autonomy in India.

KEY WORDS : Marital Rape, Gender Justice, Bodily Autonomy, Indian Penal Code, Constitutional Rights, Sexual Violence, Legal Reform, Patriarchy