BREAKING THE SILENCE: CRIMINALIZING MARITAL RAPE IN INDIA FOR GENDER EQUALITY AND JUSTICE

AUTHOR – BHARAT & HRISHABH, LLM SCHOLARS AT MAHARSHI DAYANAND UNIVERSITY

BEST CITATION – BHARAT & HRISHABH, SHOULD COMPANIES BE ALLOWED TO PATENT AI-GENERATED CONTENT?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 137-141, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marital rape remains legal in India under Exception 2 to Section 375 IPC (now Section 63 of the Bharatiya Nyaya Sanhita, 2023), violating constitutional rights to equality, dignity, and personal autonomy. While most countries have criminalized it, India upholds outdated norms influenced by cultural and societal beliefs. This article examines the constitutional validity of the exception, its impact on women’s rights, and ongoing legal challenges, including the Supreme Court’s pending decision. Urging its repeal, the study emphasizes the need for legal reform to align India with global human rights standards and ensure justice for married women.