REFORMING MARITAL RAPE LAWS IN INDIA
AUTHOR – TANIA DSOUZA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI
BEST CITATION – TANIA DSOUZA, REFORMING MARITAL RAPE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 224-228, APIS – 3920 – 0001 & ISSN – 2583-2344.
This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).
Abstract
In India, the institution of marriage has long been rooted in religious and patriarchal traditions, often placing women in subservient roles that prioritize domesticity and obedience. This cultural framework, reinforced by legal doctrines inherited from colonial jurisprudence, continues to shield perpetrators of marital rape which exempts husbands from prosecution for non-consensual sex with their wives. This legal exception, grounded in outdated notions of implied consent within marriage, denies married women the protection and autonomy afforded to others under rape laws, perpetuating cycles of abuse, silence, and systemic inequality. Despite global human rights obligations and landmark constitutional judgments emphasizing dignity, privacy, and consent, India has resisted criminalizing marital rape—citing concerns of false accusations and threats to the sanctity of marriage. This paper explores the socio-cultural, legal, and constitutional implications of the marital rape exception, drawing on comparative legal frameworks from the United Kingdom, United States, Canada, and South Africa. These jurisdictions demonstrate that recognizing marital rape as a crime strengthens, rather than undermines, the institution of marriage by embedding consent and mutual respect as its foundation. The paper ultimately argues that India stands at a legal and ethical crossroads and must choose between perpetuating patriarchal silence or advancing justice for all its citizens, regardless of marital status.