Introduction:
The Indian Penal Code (IPC) lacks specific provisions for marital rape, leading to a delay in responding to the issue.The scrutiny of the legal system in India exposes significant ambiguities and flaws. The IPC lacks a clear definition of marital rape, which could be covered by various sections. Furthermore, § 375 of the IPC provides an exception for marital immunity, which means that married women’s rights are not respected.In the view of the Indian Constitution, the non-criminalization of marital rape goes against the core values including equality and dignity as well as individual freedom. The absence of protection against marital rape in Article 14 does not prevent unequal treatment, as it only applies to those with marital status. Marital rape infringes on the right to bodily integrity and sexual autonomy, which are protected under Article 21.In addition, the human rights dimensions of marital rape highlight how gender-based violence can be both discriminatory and coexisting. Marital rape is more damaging to women, as it has adverse effects on their physical, mental, and reproductive health.
The persistence of marital rape is often due to social, cultural, and power dynamics that contribute to gender inequality.Marital rape is an issue that requires both legal reforms and societal change. The need for laws to criminalize marital rape is paramount, along with actions to increase awareness, educate law enforcement and the judiciary, and provide support for survivors. India’s capacity to uphold constitutional principles and international human rights norms can be enhanced by gaining insights from other countries that have criminalized marital rape.To sum up, this paper highlights the pressing need for Indian civil law to address marital rape in line with constitutional guarantees and human rights obligations. India can make significant progress towards gender equality, respect for women’s dignity and rights in marriage, by overcoming the legal, social, and cultural barriers to combating marital rape.