A STUDY ON CRIMINALIZATION OF MARITAL RAPE IN INDIA

One of the most contentious and unresolved legal issues in India is marital rape, which is defined as having sex with one's spouse without that spouse's consent. Indian law still grants husbands a conditional immunity from prosecution for rape under the marital exception, despite progressive legislative changes in criminal law. The legal, constitutional, and social aspects of India's criminalization of marital rape are all critically examined in this paper. It examines whether the marital rape exception infringes against the fundamental rights of equality, dignity, privacy, and bodily autonomy as guaranteed by the constitution. Additionally, legislative trends, court rulings, and comparative foreign practices are examined. It highlights the shortcomings in the current legal system and makes recommendations for changes to guarantee complete protection of married women's sexual liberty and respect. The study comes to the conclusion that immediate legislative action is necessary because the marital rape exception's ongoing existence is incompatible with both international human rights norms and constitutional morality. Keywords: Consent, Dignity, Privacy, Criminal Law Reform, Women's Rights, Marital Rape, Sexual Autonomy, Constitutional Morality, Marital Exception, and Domestic Violence.