Marital Rape in India: Between Social Silence and Legal Denial

In India, marriage is often seen as an institution of perpetual consent, where the wife’s autonomy over her body is subsumed under the marital relationship. This social assumption, reinforced by a colonial-era legal exception in Section 375 of the Indian Penal Code (IPC), has made marital rape invisible in law and normalized in society. This paper explores the socio-legal implications of marital rape, examining the existing legal framework, constitutional debates, judicial interpretations, and societal attitudes. It also evaluates arguments both for and against criminalization and suggests policy reforms that aim to balance justice, protection, and procedural safeguards.