Consent Within Marriage: A Constitutional Re-examination of Marital Rape in India

In spite of progressive constitutional jurisprudence and an emerging universal consensus on sexualautonomy in marriage, Indian law still maintains a contentious exemption benefiting husbands fromcriminal liability for marital rape. The current study examines critically the constitutional and legalaspects of marital rape in India within the socio-legal context and supplemented by judicial trends,more so the case of RIT Foundation v. Union of India. While the judiciary has come to emphasize genderequality and mastery over the body in cases like Joseph Shine and Independent Thought, the exceptionof marital rape in the Indian Penal Code and now under Section 63 of the Bharatiya Nyaya Sanhita,2023 remains violative of the spirit of Articles 14, 15, and 21 of the Constitution. The study employsdoctrinal, qualitative methodology relying on case law, legislative thought, academic literature, andcomparative jurisprudence of jurisdictions like the UK, Canada, and Nepal, which have criminalizedand acknowledged marital rape. An extensive analysis of social and psychological impacts, legal gaps,and institutional barriers makes the case for reform. The study ultimately makes the case forcriminalizing marital rape in India in accordance with constitutional principles and internationalhuman rights obligations. It concludes on a critical analysis of recent legislative trends and suggests aprogressive legal framework extending justice, dignity, and equal protection of the law to all women,married and unmarried.