Criminalization of Marital Rape in India: Constitutional Morality and Legal Reform

Author(s)	Ms. Akansha Mishra
Country	India
Abstract	Marital rape remains one of the most controversial and under-discussed issues within India’s criminal justice and constitutional framework. Despite India’s progress in advancing women’s rights, the exception carved under Section 375 of the Indian Penal Code continues to exempt husbands from prosecution for rape against their wives. This paper examines the constitutional, moral, and legal dimensions surrounding the criminalization of marital rape in India. It examines the tension between personal laws, patriarchal traditions, and the constitutional guarantees of equality, dignity, and personal liberty as outlined in Articles 14, 15, and 21. Through a comparative and jurisprudential analysis, the study highlights the evolving judicial discourse, the concept of constitutional morality, and global legislative trends. The paper concludes by recommending comprehensive legal reforms to ensure gender justice and align India’s criminal law framework with constitutional principles and international human rights obligations.
Keywords	Marital Rape, Constitutional Morality, Gender Justice, Section 375 IPC, Legal Reform
Published In	Volume 6, Issue 5, September-October 2025
Published On	2025-10-25
DOI	https://doi.org/10.63363/aijfr.2025.v06i05.1608
Short DOI	https://doi.org/g9742j

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