Marital Rape in India: Constitutional and Gender Challenges

Marital rape remains a deeply entrenched and largely unaddressed issue in India, despite growing awareness and international pressure for reform. This paper examines the prevalence of marital rape within the Indian context, analyzing how societal norms and legal loopholes perpetuate this form of violence. A comparative study of national and international legislative frameworks highlights the significant gap in India's legal system, especially the continued validity of Exception 2 to Section 375 of the Indian Penal Code. The research delves into the crucial roles of consent and mens rea in establishing sexual offences, and critiques the unreasonable legal distinction between minor and major married women. Emphasis is placed on the sociological and psychological impacts of marital rape, which are often ignored in legal discourse. Finally, the paper proposes comprehensive recommendations to strengthen legal, psychological, and social support systems to better address and prevent marital rape, urging for a rights-based approach centered on dignity and autonomy.