MARITAL RAPE IN INDIA: A CRITICAL ANALYSIS

AUTHOR – VRINDA SUBHASH GAIKWAD, STUDENT AT KES’ SHRI JAYANTILAL H PATEL LAW COLLEGE, UNIVERSITY OF MUMBAI.

BEST CITATION – VRINDA SUBHASH GAIKWAD, MARITAL RAPE IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 898-906, APIS – 3920 – 0001 & ISSN – 2583-2344.

I. Abstract:

This paper explores the problem of why marital rape continues to remain outside the realm of criminal offenses in India, scrutinizing its multifaceted historical, cultural and legal origins. The Indian legal system, through Section 375 of the Indian Penal Code, does not shun the dominates patriarchal society where husbands are allowed free sexual access to their wives if they are overage. This framework is built on colonial black laws. The paper analyzes India’s contemporary position within this framework alongside the attempts towards more progressive reforms in UK, USA and South Africa. Through multiple illustrative judicial case studies, the paper highlights systemic gaps in the judicial system and the sociocultural acceptance of rape in marriage which perpetuate oppression and discrimination against women on grounds of gender violence, bodily autonomy, equality, privacy, and equality. In addition, the paper also examines other “weaker” opposing arguments which emphasize the need to protect marriage from destabilization. The conclusion argues in favor of significant changes to the law, strong action at the societal level, and educational campaigns which redefine consent and dismantle patriarchal privilege in marriage.