MARITAL RAPE IN INDIA: BETWEEN CONSTITUTIONAL MORALITY AND SOCIAL CONSERVATISM

AUTHOR – FAIQAH, LLM STUDENT AT AMITY LAW SCHOOL MUMBAI

BEST CITATION – FAIQAH, MARITAL RAPE IN INDIA: BETWEEN CONSTITUTIONAL MORALITY AND SOCIAL CONSERVATISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 577-587, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I454

Abstract:

The issue of marital rape in India is one of the most debated topics in modern criminal law and constitutional law. Non-consensual sexual acts are seen as crimes under rape laws, but the marital rape exception shows a major legal inconsistency. This paper looks closely at the conceptual, legal, and constitutional aspects of marital rape in India. It focuses on the reasons why it has not been classified as a crime. The discussion highlights the conflict between laws and fundamental rights, especially the rights to equality, dignity, and bodily autonomy. Additionally, the paper compares India’s stance with international perspectives, pointing out the global trend toward classifying marital rape as a crime. The study argues that the ongoing acceptance of the marital rape exception is based not just on legal factors but also on socio-cultural and patriarchal views about marriage. It concludes that real change needs both legal action and a shift in thinking toward individual autonomy within marriage.

Keywords:

Marital Rape, Consent, Bodily Autonomy, Constitutional Law, Gender Justice, Criminal Law, India, Human Rights.