THE LEGAL STATUS OF MARITAL RAPE IN INDIA: AN EXAMINATION OF EVOLVING JURISPRUDENCE

The exception under Section 375 of the Indian Penal Code, 1860, which exempts a husband from being prosecuted for rape committed against his wife, remains one of the most archaic and controversial immunities in Indian criminal law.This paper investigates the legal status of marital rape in India through the lens of constitutional principles, judicial reasoning, and comparative legal frameworks.It explores the intersection of privacy, dignity, and bodily autonomy within marriage and evaluates the inconsistency of the exception with Article 14 and Article 21 of the Constitution of India.The study analyses evolving jurisprudence in India, including pending petitions before the Delhi High Court and the constitutional challenges mounted by civil society and survivors.The research juxtaposes Indian laws with international standards under the "Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)", to which India is a signatory, and with legal reforms in countries like the UK, Canada, and South Africa where marital rape has been criminalized.Judicial reluctance to read down Exception 2 is critiqued, and the discourse around spousal immunity is deconstructed using feminist legal theory and the doctrine of substantive equality.The paper argues that criminalization of marital rape is not only a legal necessity but also a moral and constitutional imperative.This work also examines the role of the judiciary in fostering transformative constitutionalism, and how public interest litigations have shaped the conversation.It proposes concrete legal reforms through statutory amendments and judicial interventions that align with evolving societal values, gender justice, and constitutional morality.The analysis rests on a wide array of case laws, Law Commission Reports, parliamentary debates, and comparative foreign precedents, highlighting the urgent need for reform in India's approach to sexual autonomy within marriage.