Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

MARITAL RAPE DEBATE IN INDIA: LAW, CONSENT, AND PATRIARCHY

Cite this Article

Khyati Oraon (2026). MARITAL RAPE DEBATE IN INDIA: LAW, CONSENT, AND PATRIARCHY. The Indian Journal for Research in Law and Management, Volume III(Issue 9). Retrieved from https://ijrlm.com/journal/marital-rape-debate-in-india-law-consent-and-patriarchy/

Abstract

The debate on marital rape in India highlights the conflict between legal traditions, individual consent, and patriarchal social norms. Although rape is a criminal offense under Indian law, an exception for sexual intercourse within marriage (with certain legal exceptions) has been the subject of ongoing constitutional and legal challenges. Critics argue that this exception violates a woman's rights to equality, dignity, bodily autonomy, and consent, while supporters raise concerns about the institution of marriage and possible misuse of the law. The issue reflects broader questions about gender justice, human rights, and the need for legal reform to ensure that consent remains essential in all intimate relationships.

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