marital rape

Marital Rape

Marital Rape Exception in India: A Constitutional Challenge under Articles 14 and 21

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Published On: April 24th 2026 Authored By: Anshul Kumar Manik University of Allahabad Abstract The marital rape exception in India, preserved under the Bharatiya Nyaya Sanhita, 2023, denies married women the same protection against non-consensual sexual intercourse that the law affords to all other women. This article critically examines the constitutional validity of that exception […]

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Marital Rape Exception in India: A Constitutional Analysis of Equality, Dignity, and Bodily Autonomy

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Authored By: Devanshi Agarwal O.P Jindal Global University Abstract The marital rape exception under Exception 2 to Section 375 of the Indian Penal Code, 1860—now mirrored in Section 63 Exception 2 of the Bharatiya Nyaya Sanhita, 2023—exempts a husband from criminal liability for non-consensual sexual intercourse with his wife. This article undertakes a constitutional analysis

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Marital Rape

MARITAL RAPE EXCEPTION IN INDIA: CONSTITUTION SILENCE OR JUDICIAL EVASION?

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Published On: March 13th 2026 Authored By: Charul Rathore Indore Institute of Law Abstract The marital rape exception under Section 375 of the Indian Penal Code represents one of the most persistent contradictions within India’s criminal justice system. While rape is recognised as a grave violation of bodily integrity and dignity, the law continues to

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Marital Rape and Gender Neutrality in Indian Sexual Offence Law: A Constitutional and Comparative Critique

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Published On: March 13th 2026 Authored By: Swarnali Sen KIIT SCHOOL OF LAW Abstract This paper delves into the problem of marital rape as a legal issue and how laws in India have affected sexual offenses against women. It brings out the fact that the existing legal framework, which is a combination of colonial legal

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Marital Rape in India: The Urgent Need for Legal Recognition

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Published On: September 28th 2025 Authored By: Janvi ABSTRACT Marital rape remains one of the most controversial and under-addressed issues in India’s criminal justice system. Despite increasing awareness and advocacy, Indian law continues to treat marriage as a space immune from the legal definitions of rape. This article examines the current legal framework, constitutional violations,

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