Published Paper Details:

Marriage is like a lot of things that we hold pretty sacred - it is not just legal; it is a special friendship, compassion, loyalty, tenderness, love, and mutual respect. But beneath that very structure there's a shadow of a reality, dark and largely unacknowledged -- marital rape. Marital rape -- non-consensual sexual intercourse between a husband and his wife -- is a gross violation of bodily autonomy and human dignity. It is, however, not a crime in India, owing to the farcical Exception 2 to Section 375 of the Indian Penal Code, which, in effect, offers immunity to husbands on the count of rape committed within marriage. This study paper provides a critical consideration of conjugal rape as a major social nuisance, which damages the ideals of marriage instead of securing them. It examines the historical and cultural justifications behind the non-criminalisation of marital rape in India and the patriarchal presumption of implied consent` in marriage, as well as the systemic silencing of survivors. Quoting the international legal frameworks and the obligations under various international human rights conventions, especially CEDAW and the Universal Declaration of Human Rights, the research paper argues for the urgent need of amending the law in India to radically compeer with the principles of equality, dignity and consent. The study above also emphasizes the devastating psychological, physical, and social consequences confronted by marital rape survivors -- countering arguments of how it might be misused and shatter the sanctity of marriage. The paper, through legal analysis, case studies and recommendations, ultimately finds that criminalising marital rape is not an attack on marriage, but rather a target of its needing to reshape into a true partnership based on respect and equity. The legal recognition of marital rape was overdue and a necessary step toward justice and re-establishing the sanctity of the marital bond.