Abstract

The criminalisation of marital rape in India is a critical issue that underscores the intersection of legal, moral, and societal norms. Despite advancements in addressing sexual violence, Section 375 of the Indian Penal Code exempts non-consensual sexual acts between married partners if the wife is over 18, reflecting patriarchal and colonial legacies that disregard women's autonomy. This article advocates for the criminalisation of marital rape, citing ethical, constitutional, and human rights considerations. It highlights the violation of consent and bodily autonomy, the unequal protection of women under the law, and the severe psychological and physical harm caused by marital rape. The article underscores India's failure to fulfil its international commitments and the need to challenge patriarchal norms within marriage. Counterarguments, such as concerns over misuse of the law and threats to marital sanctity, are addressed and rebutted, emphasising the primacy of consent and individual rights over outdated traditions. Criminalising marital rape would uphold the principles of equality and dignity, empower women, and align India with global human rights standards, fostering a more just and equitable society.

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