Open Access Research Article

MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND COMPARATIVE ANALYSIS OF THE LEGAL EXCEPTION BY – SUNIL & MS GURPREET KAUR

Author(s):
SUNIL MS GURPREET KAUR
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 5
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Abstract

Abstract
India remains one of the few countries that has not criminalised marital rape, retaining a colonial-era exception that grants husbands immunity from prosecution for non-consensual sexual acts with their wives. This paper examines the legal framework surrounding marital rape in India through a constitutional lens, analysing the exception's origins in Sir Matthew Hale's perpetual consent doctrine and its survival in the Bharatiya Nyaya Sanhita, 2023. The paper evaluates the split verdict in RIT Foundation v. Union of India, which encapsulates the judicial divide on this issue, and traces the fragmented judicial response that has emerged through prosecutions under other provisions. Drawing on comparative analysis with jurisdictions that have abolished similar exemptions, the paper argues that the marital rape exception violates Articles 14, 15, and 21 of the Constitution and perpetuates patriarchal stereotypes that deny married women bodily autonomy. The paper concludes with recommendations for legislative abolition and institutional reform to align Indian law with constitutional guarantees of equality and dignity.

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Author Details

Authors: SUNIL & MS GURPREET KAUR
Registration ID: 1013093 | Published Paper ID: IJLRA13093 & IJLRA13094
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1634-1646

Article Information

MARITAL RAPE IN INDIA: A CONSTITUTIONAL AND COMPARATIVE ANALYSIS OF THE LEGAL EXCEPTION BY – SUNIL & MS GURPREET KAUR

Authors: SUNIL, MS GURPREET KAUR

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 5
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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