Published Paper Details:

This research critically examines the legal, social, and historical dimensions of marital rape in India, focusing on the paradox where rape is criminalized, yet non-consensual sex within marriage remains legally exempt under Section 375 of the Indian Penal Code. Despite progressive amendments to Indian rape laws post-2013, marital rape continues to be excluded from criminal prosecution, leaving married women vulnerable and without legal recourse. The paper explores international and domestic legal perspectives, relevant case law, and survivors' personal narratives, highlighting the psychological trauma and societal stigmatization faced by victims. Through a sociological and legal lens, the study exposes how patriarchal norms and the notion of implied spousal consent suppress women's autonomy and sexual rights. Drawing comparisons with jurisdictions that have criminalized marital rape, it argues for the urgent removal of the marital rape exception, aligning Indian law with constitutional principles of dignity, equality, and bodily autonomy. The study concludes with policy and educational recommendations to reform laws, sensitize the judiciary and society, and uphold the rights and dignity of married women.