RAPE, CONSENT, AND THE MARITAL RAPE EXCEPTION UNDER THE BHARATIYA NYAYA SANHITA: AN INTERDISCIPLINARY ANALYSIS OF LEGAL REFORM, GOVERNANCE, PUBLIC POLICY, AND INSTITUTIONAL RESPONSE

Abstract

One of the most divisive and unresolved topics in India's criminal justice system is marital rape. The Bharatiya Nyaya Sanhita, 2023 maintains the legal position that a husband's non-consensual sexual relations with his wife do not constitute rape, subject to certain exceptions, despite substantial reforms in sexual offence laws. Serious questions are raised about this legal provision's compliance with increasing ideas of individual autonomy and dignity as well as constitutional safeguards. In light of the fundamental rights guaranteed by Articles 14, 19, and 21 of the Indian Constitution, this essay critically investigates the constitutionality of the marital rape exception. It questions whether maintaining such an exception upholds antiquated patriarchal notions about marriage, gender inequity, and bodily autonomy. Using a doctrinal research approach, the study examines statutes, court rulings, and comparative legal frameworks from countries such as the United Kingdom, the United States, South Africa, Canada, and Australia, where marital rape is illegal. The article also examines the judicial debate around the matter, including divergent court interpretations and the lack of a clear legislative position. Additionally, it assesses the sociolegal ramifications, including the influence on women's rights, societal stigma, and underreporting. The study aims to provide a critical and balanced viewpoint by discussing both reasons for and against criminalization. The study concludes that the marital rape exemption is becoming more and more at odds with modern human rights norms and constitutional morality. In addition to addressing real-world issues with thoughtfully crafted safeguards, it makes the case for immediate legal reform to bring Indian criminal law into line with the values of equality, dignity, and individual liberty.