Supreme Court of India to Decide on the Criminalization of Marital Rape
- ByAdmin --
- 26 Mar 2025 --
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In a case that could redefine marital rights in India, the Supreme Court has begun hearing petitions on whether marital rape should be criminalized. Currently, Exception 2 of Section 375 of the IPC provides immunity to husbands from rape charges.
The Debate: Consent vs. Institution of Marriage
Petitioners, including women’s rights organizations, argue that:
🔹 Consent is the cornerstone of bodily autonomy—marriage should not grant a husband unlimited access to his wife’s body.
🔹 Marital rape leads to long-term psychological trauma and strips women of their dignity.
🔹 Global precedent—most developed nations have criminalized marital rape.
However, the opposition, including conservative groups and religious institutions, claims that:
🔹 Criminalizing marital rape could destabilize traditional family structures.
🔹 False allegations may undermine the sanctity of marriage.
🔹 India’s legal system already provides protections through domestic violence laws.
With the Supreme Court set to rule on this issue, legal experts believe this could be the biggest shift in India’s gender laws since the criminalization of triple talaq.
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