Published Paper Details:

The criminalization of marital rape remains one of the most crucial yet unresolved aspects of gender justice in contemporary legal discourse. While many developed nations have taken definitive steps to recognize non-consensual sexual acts within marriage as a serious offence, India continues to uphold the marital exemption under Exception 2 of Section 375 of the Indian Penal Code. This exemption, which implies perpetual consent by a wife to sexual intercourse with her husband, stands in stark contrast to constitutional principles of equality, dignity, and personal liberty. This research paper provides a comprehensive examination of the evolution of marital rape laws, focusing on the Indian context and comparing it with legal developments in countries such as the United Kingdom, the United States, Australia, and select European jurisdictions. The study employs a doctrinal and analytical methodology, drawing on statutory provisions, judicial decisions, and international human rights instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It investigates how developed nations have moved away from patriarchal doctrines of implied consent and embraced consent-based sexual offence laws that safeguard individual autonomy within marriage. The analysis also highlights the socio-cultural barriers, evidentiary challenges, and institutional resistance that have hindered reform efforts in India. The paper concludes that the non-recognition of marital rape as a criminal offence in India not only perpetuates gender inequality but also undermines the State's obligation to protect women from violence in all spheres of life . It argues for the urgent repeal of the marital rape exemption, adoption of a consent-centric legal framework, and implementation of survivor-sensitive policies and support mechanisms. Ultimately, criminalizing marital rape is not merely a legislative reform but a necessary step toward fulfilling India's constitutional promises and aligning its legal system with international standards of justice, equality, and human rights.