Abstract

In India, marriage is largely revered as a sacrosanct institution, albeit beneath this idealization and the glorification of marriage as a sacred bond lies the grim reality of marital rape and its victims who suffer in silence. Their agony is further aggravated by the legal exemptions under Section 63 of the Bhartiya Nyay Sanhita, 2023, which recently came into force and earlier under Section 375 of the Indian Penal Code, 1860. This paper endeavors to critically examine the legal, social, and human rights dimensions of marital rape in India. Despite recommendations by committees like the 172nd Law Commission Report and the Justice Verma Committee in 2012 to criminalize marital rape, India is yet to criminalize marital rape shielding husbands from prosecution based on exceptions formulated on archaic patriarchal values. Further, this paper analyzes and examines the persisting laws on rape in consonance with the constitutional mandate of the country particularly rights enshrined under Part III of the Constitution of India. Further, the paper indefatigably examines innumerable arguments against criminalization, including concerns predominantly over false accusations and marital stability. The paper subsequently counters these arguments by emphasizing the prevalence of marital rape and the urgent need for legal protection. Drawing on global human rights standards and India's constitutional principles, the paper asserts that criminalizing marital rape is not only a legal imperative but also a moral obligation to ensure justice and dignity for all women. In conclusion, the paper calls for legislative reform to align with international standards and uphold women's rights in India, thus advocating for facilitating equality, freedom, and bodily autonomy of married women. By criminalizing marital rape, India can mitigate the severe impact of sexual violence within marriages and affirm its commitment to gender equality and human rights.

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