Marital Rape and Gender Neutrality: Lessons from Global Jurisdictions

Marital rape remains one of the most contentious issues in Indian criminal law, reflecting deep-rooted social norms and gendered assumptions. While international human rights instruments increasingly recognize marital rape as a criminal offence, India continues to exclude non-consenting sexual acts within marriage from the definition of rape under Section 375 IPC. This paper critically examines the legal, social, and comparative dimensions of marital rape, focusing on how gender-neutral laws have been framed in global jurisdictions such as the United Kingdom, Canada, South Africa, and Australia. Using a doctrinal and comparative legal methodology, supplemented with socio-legal analysis of empirical data and judicial pronouncements, the study identifies key legislative approaches, judicial reasoning, and policy interventions. The paper argues that adopting gender-neutral definitions, coupled with procedural safeguards, public awareness campaigns, and targeted protections for vulnerable groups, can help India align with constitutional guarantees of equality, dignity, and bodily autonomy. Policy and legislative recommendations are offered for reforming Indian criminal law while balancing protection and equality.