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Dr. Apoorva Khandelwal
Keywords:
Marital Rape, Constitutional Law, Bodily Autonomy, Equality, Article 14, Article 21, Gender Justice, Criminal Law Reform
Abstract:
The legal treatment of marital rape remains one of the most contentious issues in contemporary Indian constitutional and criminal jurisprudence. While rape is recognized as a grave violation of bodily integrity and personal autonomy, Indian law has historically exempted husbands from prosecution for non-consensual sexual intercourse with their wives through the marital rape exception. Rooted in colonial legal doctrines and patriarchal assumptions regarding marriage, the exception creates a legal distinction between married and unmarried women in matters of sexual consent. This article critically examines the constitutional validity of the marital rape exception in light of the guarantees of equality, dignity, privacy, and personal liberty under the Constitution of India. It analyzes the historical origins of the doctrine, judicial interpretations, international legal developments, and arguments advanced both in support of and against criminalization. The article argues that the marital rape exception is incompatible with modern constitutional values and human rights principles. It concludes that legislative reform is essential to align Indian criminal law with constitutional morality and the evolving understanding of women's autonomy within marriage.
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International Journal of Recent Research and Review
ISSN: 2277-8322
Vol. XIX, Issue 2
June 2026
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PUBLISHED
June 2026
ISSUE
Vol. XIX, Issue 2
SECTION
Articles
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