A Vow Without Voice: The Constitutional Silence on Marital Rape

This paper critically examines the legal, constitutional, and socio-cultural dimensions of the marital rape exception in India, specifically analyzing Exception 2 to Section 375 of the Indian Penal Code. The primary objective is to evaluate the tension between patriarchal marital traditions and modern constitutional values. Utilizing a qualitative and analytical methodology, the study examines Indian judicial trends, feminist jurisprudence, and comparative international frameworks to assess the validity of the current legal immunity. The major findings indicate that the marital rape exception creates an arbitrary classification between married and unmarried women, systematically violating fundamental rights. The paper highlights how economic dependence and digital tools exacerbate spousal vulnerability, while existing civil remedies like the Domestic Violence Act, 2005 remain insufficient due to a lack of deterrent effect. Ultimately, the study concludes that consent must be recognized as continuous and revocable, and that legislative reform to criminalize marital rape is an immediate constitutional and moral imperative to ensure substantive gender justice and bodily autonomy.