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Article Vol. 4 No. 1 (2021) PP. 1849 - 1861

Behind the Exception Clause : A Study of Jurisprudence on Rape Laws and the Reluctance to Criminalize Marital Rape in the Indian Context

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Oshin Nehru
Symbiosis Law School, Pune, India
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Abstract

The need to define marital rape as a separate offence is a matter of acknowledgement, of the trauma that thousands of women go through in our country and side-lining of the issue merely on the apprehension of misuse belittles the basic level of dignity that a country owes to its women. For the last many centuries, the sanctity of our culture and Indian values has been held in such a high and superficial bubble that it has managed to evade necessary interference in family lives, in order to protect the right of a person against another. Apart from the vagueness of the excuses to evade the topic, there is a severe lacuna of the pre-requisites required before marital rape can be criminalised, that is, lack of parameters for the definition of the offence, the lack of updated laws of evidence and more importantly, acknowledgement and sensitization.​

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International Journal of Law Management and Humanities, Volume 4, Issue 1, Page 1849 - 1861
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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