The Struggle for Gender Justice: Criminalizing Marital Rape in the Indian Legal System

Abstract

This article critically examines the legal status of marital rape in India and its implications for gender justice, constitutional rights, and women’s bodily autonomy. It analyses the marital rape exception under the Indian Penal Code, judicial developments, constitutional guarantees under Articles 14, 15, and 21, and international human rights obligations. The study evaluates conflicting judicial opinions, comparative international approaches, and the inadequacy of existing legal protections for married women. It concludes that criminalizing marital rape is essential to uphold equality, dignity, and personal liberty while aligning Indian law with constitutional values and evolving international human rights standards.