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@article{202611,
        author = {TANMAYA RAJ PADHI},
        title = {Marital Rape in India: Criminal Law and Constitutional Morality},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {12},
        pages = {7839-7842},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=202611},
        abstract = {Marital rape remains one of the most challenged issues in Indian criminal law. Even today, Indian law does not fully address forced sexual intercourse by a husband with his wife as rape. These legal lapses raise serious concerns regarding women’s bodily autonomy, dignity, and equality. While Indian constitutional law has significantly explained the meaning of privacy, liberty, and personal choice, criminal law continues to preserve an exception that weakens these protections within marriage. This contradiction has led to a much-needed constitutional and social debate.
This article studies the marital rape exception from socio-legal perspectives. It traces the historical background of marital immunity, examines the present legal framework, and analyses its conflict with constitutional values. The article also discusses judicial developments, social realities of sexual violence within marriage, and comparative legal developments in other jurisdictions. Marriage cannot be treated as a source of permanent consent. A woman does not surrender control over her body just because she is married. The article concludes that the marital rape exception is inconsistent with constitutional morality and should be reformed through legislation.},
        keywords = {marital rape, bodily autonomy, consent, constitutional morality, criminal law, women’s rights},
        month = {May},
        }