Published On: June 19, 2026 Authored By: Mutahira Afifa St Joseph’s College of Law Abstract Marital rape continues to be one of the most contested questions in Indian criminal law. Although consent and personal autonomy are recognised as fundamental constitutional values, forced sexual relations within marriage are, in general, excluded from the legal definition of […]
Published On: June 06, 2026 Authored By: Anant Srivastava Kirit P. Mehta School of Law NMIMS Mumbai Abstract There is an idea that marriage can override consent, and Indian criminal law still seems to quietly accept it. Under the marital rape exception, a man who forces his wife into sexual intercourse is not treated as
The Marital Rape Exception in India: A Constitutional Anomaly or Judicial Evasion? Read More »
Published On: June 04, 2026 Authored By: Priyam Pratik Faculty of Law, University of Allahabad Abstract On 10 February 2025, the Chhattisgarh High Court in Gorakhnath Sharma v. State of Chhattisgarh[1] acquitted a man whose wife died from the injuries he had inflicted on her through forced sexual violence. She had identified him by name
Published On: June 4th 2026 Authored By: Devyani Shashank Kulkarni SVKM, Pravin Gandhi College of Law Abstract This article examines Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, which exempts a husband from criminal liability for rape committed upon his wife. It argues that this exception is constitutionally unsustainable, morally indefensible,
CONSENT DOES NOT EXPIRE AT THE ALTAR: THE CASE FOR CRIMINALISING MARITAL RAPE IN INDIA Read More »
Published On: June 4th 2026 Authored By: Debolina Adhikary LJD Law College, Calcutta University Silent Victims, Silent Law: The Urgent Need to Criminalise Marital Rape in India By Debolina Adhikary Abstract Marital rape, non-consensual sexual intercourse by a husband upon his wife, remains one of the most pervasive yet legally ignored forms of sexual violence
Silent Victims, Silent Law: The Urgent Need to Criminalise Marital Rape in India Read More »
