MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND LEGAL ANALYSIS

AUTHOR – SYED UWEZ, STUDENT AT RAMAIAH INSTITUTE OF LEGAL STUDIES

BEST CITATION – SYED UWEZ, MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 685-689, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Rape is considered as one of the most barbaric and heinous offence which affects the victim mentally and physically. Marital rape is an act of sexual violence in which the husband forces his wife to have sexual intercourse without her consent. This problem is not bound to any country or a region rather it’s a global problem which is neglected my many countries. India one of the country that does not recognize marital rape as a crime. The main reason for marital rape is due to patriarchal and male dominated society, where the husband tries to assert dominance on his wife. The old Indian Penal Code,1860 and the present Bharatiya Nyaya Sanhita, 2023 that readjusted the existing laws but failed to address marital rape in it. The main problem that arises is it gives the husband free consent over his wife ignoring her fundamental right of privacy. This research mainly focuses on the constitutional principles, judicial precedents for the need to criminalize marital rape and it also set forth the psychological and social consequence faced by the victims. Criminalizing marital rape is not only a legal necessity but a moral safeguard to a woman’s dignity.

This research examines how women resist the gender biases in law regarding marital rape. It shows while justice system provides a legal platform for women to raise voice and claim their rights it often fails to protect them fully and subject them again to injustice.

Keywords: marital rape, patriarchal, consent, wife.