MARITAL RAPE AS A VIOLATION OF HUMAN RIGHTS IN INDIA

Abstract

Consent forms the foundation of every healthy and respectful relationship, ensuring dignity, autonomy, and equality between individuals. However, within the institution of marriage in India, the issue of marital rape continues to remain legally unrecognized under existing criminal law exceptions. This paper critically examines the concept of marital rape and analyzes the conflict between these legal provisions and the constitutional principles of equality, personal liberty, and human dignity guaranteed under the Indian Constitution. The study further explores the psychological, emotional, and social consequences faced by survivors, including trauma, depression, anxiety, and loss of personal autonomy. It highlights how societal stigma, patriarchal norms, lack of awareness, economic dependency, and fear of social exclusion contribute to severe underreporting of such abuse. The paper also reviews judicial interpretations, international human rights perspectives, and comparative legal frameworks adopted by various countries that criminalize non-consensual acts within marriage. Through doctrinal and analytical research, the paper argues that marriage cannot be treated as irrevocable consent to sexual relations and emphasizes the urgent need for legal reforms to recognize marital rape as a criminal offence. It advocates for stronger legal protection, awareness programs, gender sensitization, and institutional support systems to uphold the rights and dignity of married women. The study ultimately stresses that recognizing consent within marriage is essential for achieving gender justice, equality, and protection of human rights in a democratic society