Author: Ayushi Chatterjee, Asian Law College Noida, Chaudhary Charan Singh University

Marital rape is a deeply consented and under address issue that is present in many legal system, particularly in jurisdiction, where marriage  Is a form of sanity that is viewed as A Supper sending individuals autonomy. This research Paper critically examines Legal social and psychological dimensions of martial rape, with a focus on its status within the Indian legal free, despite of the growing awareness of gender-based violation, the legal exception, which shields nonconsensual intercourse within a marriage. It showcases the system of inequality and violence and breach of the fundamental drives that are ancient under article 14, 19, and 21 of Indian Constitution. The paper explores how marital rape exception undermines a woman's bodily dignity, autonomy or and effect on their mental health. The myths about consent , drawing an attention of marital rape on a global standard. More the paper critiques the social culture and legal narrative that are normalizing poison within the marriage proposing legal reforms that align with contemporary constitutional morality and gender justice. This research advocate For the criminalization of hideous crime martial rape As a necessity step that is needed to achieve substantive equal and safeguard in the human rights of women

Keywords: United nation, Consent, Fundamental Rights, Human rights , Article 14, 19 and 21

 A legal research paper adopts a doctrine Methodology That is black letter law approach. It involves an in-depth examination of existing legal provision and Case laws .The study is primarily basis on secondary data collection from credible , online journals , article and reputed publication , which will be appropriately cited throughout the paper

Marital rape refers to when the spouse forces a sexual act without their Partners consent, it refers to when your husband or your wife tries to have a sexual intercourse with you without a consent. Marriage is considered as a holy institution in India. Marriage is seen as a respect and with dignity as well as owner in marriage, protecting husband and wife's honor. Marital rape is one of the controversial issues in India  On gender justice, while rape is criminalized under section 375 of Indian Penal Code and section 63 of Bhartiya Nyaya Sanhita the exception provided in that section that sexual intercourse by a man with his wife if she is  not under 18 years old. That will not consider as a rape. This works as a legal immunity regarding this hideous crime, which sparked and widespread disparagement for violating women's 14.Economy and equality affecting their fundamental rights of article 14 guarantees equality before law , Article 15 Prohibition of discrimination , Article 21 Personal liberty  of  Indian constitution. 

For centuries, marriage was viewed as a safety for husbands to do anything against their wife, but that was prohibited by the Indian Constitution after making laws that protects morality of the woman, but the concept of marital exemption means that rape law didn't apply within marriage is still not acknowledged  even in the twenty first century providing a safeguard to rape there partner legally because they are considered as there  property. In the beginning of 1970s, many country begin to recognize marital rape as a crime, understanding, it's hideous nature and Criticizing it in 1976 us becomes the first state to criminalize marital rape in 1991. The UK finally engine eliminate the marital rape exemption, the UN declaration on elimination of violence against women recognize martial rape has a human rights violation in 1993. As of Today,  picture of martial rape in globally, some countries has fully criminalized it like us, Canada UK , Australia , France , Germany and South Africa , Some countries have partially criminalized it like Mexico Thailand And Singapore but countries like India China Saudi Arabia Nigeria Egypt did not Criminalized marital Rape.

Marital trip is not only a physical abuse, but it cuts profounder a mental trauma, then people realize in the case of marital rape you're abuser, is your spouse. Someone you trust , love and share a home  with someone you promised to stay Eternity with When they Betray in Multiple ways the damage is  Dangerous in every way possible. Victims  typically experienced severe depression, Anxiety PTSD symptoms, including flashbacks, nightmares and hypervigilance , profound trust issues affecting all relationships , causing aviation to intimacy, self blame and damage of self worth. This leaves a life long trauma in their mind. What makes marital rape particularly damage is its repetitive in Nature  unlike stranger assault which is equally  damage in nature. Martial rape continues for years where the victim have to live with there abuser in same shed, creating a state of terror in victims mind.

Permitting of martial rate is also inconsistent with Indians, constitutional value India. Past protection of human rights act in 1993 and ratified the convention on animation of any form of discrimination that is happening against women with the help of CEDAW since 1993. India has also signed a universal declaration of human rights and contributed towards its establishment. Yet still , India continues to violate the basic fundamental rights of women India is disappointingly one of the fewest countries in the world today that explicitly decriminalizes marital rape, despite being a signatory of the Universal Declaration of Human Rights (UDHR). Exception 2 of section 375 of the Indian Penal Code states that. In the 2017 landmark case Independent Thought v Union of India, the Indian Supreme Court increased marital consent from the age of 15 to 18, arguing that excusing the marital rape of minors was contrary to articles 14, 15, and 21 of the Constitution. This progress is still limited because although protection is now granted to all married minor women, rape continues being decriminalized for married women over 18.. 

As per by the statement given by globally renowned health organization most of this violence is intimate partner violence. Worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner. 

Not only in India there are many countries present that gives a free benefit for rape against there spouses In Afghanistan the 2009 Elimination of Violence against women law was established But that does not exclude spousal rape in its section. As per shia , personal  status law 2008 says that it is the duty of the wife to defer to her husband's inclination for sexual enjoyment. Antigua and Barbuda , the sexual offence at 1995 article 3(1) includes a definition of rape that is "with a female who is not his wife". The Bahamas in their sexual offence act 2010  includes person who is not his spouse in the definition of the rape. 

Over the years, India establish a lot of legislation  to uplift to women's position in the Society Acts like the Immoral traffic prevention at 1956, The sexual harassment of women at workplace at 2013, Protection of women from domestic violence act 2005, The indecent representation of women prohibition act 1986, In Indian society In Indian society. Morality and integrity of a woman has immense importance , but the Indian legislature fails to acknowledge the choice of consent even if you are married to the person. Consent does matter and plays a vital role, it should be also applied equally to all despite even if you are married. Marriage does not justify the harm of dignity even if they are your spouse you have the responsibility to ask about their consent .

Countries like united states , criminalize marital rape in all fifty states with wearing degrees of punishment, United Kingdom, the House of Lords In the case r v. r 1991 ruled that marital rape is a crime. Canada , since 1983 has abolished , the marital rape exemption and applied equal legal protection to all the women's. France and Germany Both the nations have recognized spousal rape as a serious offence, South Africa , criminalized marital rape under sexual offence act 1993. Countries like Sweden, Denmark, Norway, Finland have Some of the strongest gender equality law , which treats marital rape as a serious criminal offence , these countries have high conviction rate which shows that making marital rape criminalize Doesn't these destabilize families Instead it ensure justice to the victims.

Marital rape is unfortunately, one of the most overlooked crimes that many women suffer.  There are a lot of cases of marital waves throughout the countries that go unnoticed and unreported, it has always been a topic of taboo and awareness is not common due to how easily many dismiss it. Many governments did not even want to acknowledge marital rape because they seen spouses as a object of property. This is not considered a crime since it was not done by a stranger.but rather someone who they were legally tied up with. Victims of this abuse suffer from high mental health issue:

1. Post traumatic stress disorder 

Victims of this abuse frequently have the symptoms of PTSD. This symptoms include flashback nightmares , hyper vigilance , emotional numbing , and avoidance behavior , according to the studies show that Approximately 60% Off marital rape survivors reported PTSD symptoms. The trauma in this abuse is complex in nature , because the victims continue to live with the abuser , preventing emotion and physical escape.

2. Depression and anxiety

Repetitive assault by spouses erodes an individual sense of safety, autonomy and self-worth. This often leads to clinical depression and chronic anxiety, the World Health organization has linked intimate partner, violence, including sexual violence, to a  2-3 times higher risk of major depressive episodes among women victim might feel trapped ashamed and hopeless. Especially in a culture where marital rape is not criminalized or even recognized. They have the societal pressure to keep their marriage intact   

3. Suicidal indentation and self harm 

Many survivors of this abuse have high risk for suicidal thoughts and self injurious behavior.

This abuse usually involves an element of control, humiliation towards the victim, power and domination, especially those who believe that their partners are their property.

Marriage is viewed to be a sacred institution that forms the bedrock of our society. It is deeply personal , and that state hesitated to disturb this delicate space. This is to maintain the privacy of the citizens and the institution of the state. The state does not compel any 2 individuals to marry or divorce, but the refusal of the state to enter this private space even in certain issues, can we problematic for instance, if a wife is a woman is subject to cruelty in marriage and the state will not enter this private sphere to criminalize the cruelty that  Is happening to the wife. If the state does not do , then the woman will have no redress legally , so it is important for a state to penetrate this private sphere on a certain occasions

Marital rape is a violation of fundamental right of women , specifically under article 14 and 21 of the constitution of India. Even though this crime of marital rape happens within the private sphere of a marriage , but it is the responsibility of the state to penetrate through this private spear , if the state does not penetrate this private sphere , then a woman is left without a remedy who is raped by her husband

In the 21st century, the conversations are generally about gender equality, bodily autonomy and dignity. Still in this  stage that continues legal immunity to marital rape in several jurisdiction, including India. This Stands a grim reminder of partial legacy embedded in the law. Marital rape is a form of violence Despite its traumatic event it's still remains unrecognized as a criminal offence in legal system

Violation of Article 21

Article twenty one of Indian Constitution that guarantees right to life and personal liberty Which includes  the right to live With dignity Bodily autonomy and mental well being.  The supreme court in Francis Coralie Mullin v. Union territory of Delhi held That right to life is not merely animal existence, but includes the right to live with dignity and marital rape by , it's very nature is a subject to involuntary sexual act attacking direct to there live with dignity.

Violation of article 14

The marital rape exemption under section 375 of Indian Penal Code creates a discriminatory classification between an unmarried and married woman. It assumes that a wife cannot withdraw her consent, thereby denying a married woman equal protection given by the law. which guarantees equality before law and equal protection consent, is central to any sexual autonomy. Regardless of a woman's marital status, this presumption that married implies  consent is deeply patriarchal, compatible with constitutional values

Violation of article 19(1)(a) Right to freedom of expression

Marital reef also impinges upon a woman's freedom of expression, including her right , to refuse or speak about sexual violence In a social climate where marital rape normalized Women often suffer in isolation or are force to kept quite for societal pressure, they are unable to seek justice or even speak freely about there trauma

Recognizing marital rape as a crime is not undermining marriage institution, but it is about reinforcing a foundation on equality of consent and respect, the continued legality of marital rape is incompatible with constitutional ground and international human right norms. Until marital rape is criminalized, the right guaranteed to women under constitution will remain hollow. Promise for million trapped in violent marriage

Despite of being recognized as a core violation of human rights globally , marital rapes still remains a non criminalized offence in India , the legal system in India continues to shield perpetrators  under the grab of marital privilege , routed in colonial and patrial ideologies. While India has made significant strides in addressing gender based violence, this specific challenge of legal recognition on non consensual sexual activity with marriage as rape remain unresolved and contentions issue

Legal exception under IPC Section 375: 

The primary challenge that seems from exception 2 of section 375 of the Indian Penal Code, which explicitly states that sexual intercourse by a man with his wife, the wife, not being under 15 of age, is not a rape, this exception, essentially denies married woman right to bodily autonomy and concern treating marriage as a blanket. Even if a woman is subjected to a forced repetitive sexual activity , she would have no legal recourse under the rape law

Conflict with constitutional  rights drive the legal exception Stands in direct conflict with the fundamental right guaranteed under article fourteen nineteen and twenty one of the constitution , the equality right that has been guaranteed under article fourteen states that every person are equal before the law Article 21 talks about personal liberty and  article 19 is about freedom of expression and speech, these articles are being violated. When a woman cannot stand and blood deny a consent merely because of her marital status , however , quotes have been hesitant to strike down this exception , citing the complexity of personal law , family structures and legislative intents 

Legislative hesitancy and political will 

Although multiple law commissions Women's write groups and international bodies have have recommended to criminalize marital rape. The Indian parliament has not shown political will to enact the necessary reforms

The issue of the marital rape in India represents a profound paradox in the country's legal and constitutional framework while Indian Constitution guarantees every individual there , equality , dignity and That has been protected under article fourteen fifteen and twenty one , the continued legal immunity granted To marital ,under the exception 22 section 375 of Indian period code starkly contradicts with the very principles, the research has examined the historical legal psychological and social culture deamination of martial ribs, highlighting how absence of criminalizing perpetuates systematic, gender injustice and denies. Marital women have full personal liberty and their bodily autonomy rights. One of the core arguments present is that marriage justifies Violence.

Marriage does not and should not amount to irrevocable consent The notion that a husband has an unqualified drive to his wife's body not only stems from a colonial era of patriarchy , but is also inconsistent with contemporary values of human rights , gender , equality and informed consent in a modern democracy that aims to uphold the law and constitutions , morality , allowing such regressive legal exemption , undermines the integrity of the criminal justice system.

Moreover, the research underscores that marital rape is not a private issue but a human right concern, its continued discrimination, not only violates the right to life and liberty, but also severely affects the mental physical and emotional health of a survival victims are often trapped in vicious cycle of abuse, silence, societal and helpless legal system. The absence of legal recognition deters reproducing reinforce stigma and ultimately silenced voices of millions of women who suffer in their own home. The International human right criticize marital rape and recommends India to mandate the protection of women from sexual violence, irrespective of their marital status countries across the global, including those with similar social legal context, have moved towards criminalizing marital rape recognizing that true gender equality cannot coexist with a law that treats woman as a subordinate to their husband.

In conclusion, the criminalization of marital rape is both legal necessity and a moral imperative. It is essential for fulfilling India's constitutional promise, meeting international obligation and fosters a society that respects and protects every individual's right to concern dignity and safety. The time has come for lawmakers, core society to recognize the silence of law on mortal rape. It is not neutrality. It is complicated, legal reforms must be pursued, not as a symbolic texture, but as a step towards justice equality for all the women, irrespective of their status