NO MEANS NO-A Study On The Concept Of Marital Rape Case and its Effect In The Life Of A Woman In India
- Titli Das
- 5 days ago
- 23 min read
ABSTRACT
What is rape ? Is it only about having sexual intercourse with an adult or minor, fear of intimidation,penetration and manipulating the women’s any body part? Or does it include, against of willingness, lackof free consent(coercion) orabsence of voluntary consent and psychologicalpressure also? Under section 63 of the Bharatiya Nyaya Sanhita2023, Rape is committed when a man engages in sexual
intercourse or other specified sexual acts involving penetration of a woman’s vagina ,mouth,uthera or anus or inserts any object or body part, manipulates any partof her body to cause penetration or applies his mouth to her sexual organs, under circumstances where the act is against her will, without her consent or where consentis not free and voluntary because it has been obtained through fear, intimidation, coercion, deception, mentalcapacity, intoxication, or where the woman is under 18 years of age or unableto consent. But it has an exception too. Under Section 63 of BNNS exception 2 includes Marital Rape that also consists sexual intercourse or act by husband with his wife without free, voluntary, and informed consent. It may involve force coercion, intimidation, threats, manipulation, psychological pressure, or any circumstances that deprives the wifeof her ability to make a voluntary choice, surprisingly these all circumstances between a husband and wife do not constitute rape and generally not prosecuted as the offence of rape under 63 of BNSS.
Here the several question arise and all these questions deal with women’s fundamental rights, discrimination of a women’s identical stage (before and after marriage),consent of an individual over doing or involving in certain sexual act, the exception that occurs after marriage by law, right to have control upon own’s body, priority of law ,importance of voluntary involvement etc, This research paper strives to understand the importance of all these key points specially the Free Consent that plays a huge different role in both of the similar circumstances but different roles of a woman in the society and how life changes of a woman after marriage.
Key points: Marital Rape, Free Consent, Bodily Autonomy, Women’s Rights, Gender Equality, Bharatiya Nyaya Sanhita 2023, Section 63 BNS, Marital Rape Exception, Constitutional Rights, Personal Liberty, Human Dignity.
INTRODUCTION
In any sexual relationship, consent is one of the most important principles. Individual’s consent basically reflects his freedom in order to make decisions regarding their personal choice and own body. Under modern law it is clearly stated that the absence of free, voluntary, and informed consent forms the basis of the offence of rape. Even the BNS, 2023 recognizes that sexual acts are committed through force, coercion, threats, intimidation, deception, or other situations that deny consent, constitute rape. However, a significant legal and constitutional debate arises here, especially when the issue of consent is examined within the institution of marriage. If the absence of consent sufficient to constitute rape outside marriage, then the question here arises as to why the same principle is treated in a complete different way when the parties are husband and wife?
Undoubtedly the “marriage” creates a legal relationship between two individuals, but it does not mean that individual’s separate identity or fundamental rights will be erased. A woman always remains an independent individual before and after marriage. She has the right to control her body and make voluntary choices regarding sexual activity even after her marriage.
The marital rape exception under Section 63 of BNS, 2023 has generated discussion regarding equality, bodily autonomy, personal liberty, and legal significance of consent without marriage which are actually considerable in nature. This exception raises several important legal, moral and constitutional questions. Such as –
If every individual has fundamental right to bodily autonomy and personal liberty, why should a woman have less control over her own body than an unmarried woman?
If the consent is the basic foundation of the offence called “rape”, why should the legal significance of consent change, just because a marriage exists between two individuals?
Does a marriage between two individuals imply permanent and irrevocable consent to sexual relations?
When an unmarried woman’s refusal regarding sexual intimacy is respected, the why should the same refusal be treated differently for a married woman?
If a woman remains an independent legal person even after her marriage, should her right to say “NO” not receive equal protection?
Does the exception of marital rape create discrimination between a married and unmarried woman?
This research paper basically seeks to examine the concept of free consent and the core role in the offence of rape, especially particularly focusing on the exception of the marital rape. Moreover this research paper explores the relationship between marriage, bodily autonomy, consent of a woman, equality and dignity. Through such analysis this research paper aims to understand whether if there is any legal recognition of a woman’s right to deny sexual activity and exercise control over her own body after her marriage.
RESEARCH OBJECTIVES
Analysing the concept of consent in sexual offences- The basic objective of this research paper is to examine the significance of legal and constitutional, in the sexual offence. Consent of an individual is the core foundation of every sexual relationship which is lawful and it must be free, informed, voluntary and given without fear, coercion, deception and undue influence. The present study tries to understand consent as per the Bharatiya Nyaya Sanhita, 2023. It checks why lack of consent makes rape an offence. The goal is to see why free, voluntary and informed consent is important in offences. The law recognizes consent as key to a sexual relationship. This study also looks at how consent bodily autonomy, personal liberty and dignity are connected. It says everyone has the right to decide about their body. This right is a part of justice, human rights and individual freedom for all people. The study wants to understand consent in Bharatiya Nyaya Sanhita, 2023 and its relation to autonomy and individual freedom. Consent is essential. Bharatiya Nyaya Sanhita, 2023 defines it clearly. Lack of consent leads to offence as, per Bharatiya Nyaya Sanhita, 2023. The study aims to explore consent and individual freedom. The present study tries to understand consent as per the Bharatiya Nyaya Sanhita, 2023.It checks why lack of consent makes rape an offence. The goal is to see why free, voluntary and informed consent is important in offences. The law recognizes consent as key to a sexual relationship. This study also looks at how consent bodily autonomy, personal liberty and dignity are connected. It says everyone has the right to decide about their body. This right is a part of justice, human rights and individual freedom for all people. The study wants to understand consent in Bharatiya Nyaya Sanhita, 2023 and its relation to autonomy and individual freedom.Consent is essential. Bharatiya Nyaya Sanhita, 2023 defines it clearly. Lack of consent leads to offence as, per Bharatiya Nyaya Sanhita, 2023.The study aims to explore consent and individual freedom.
Examining the exception of marital rape under BNS, 2023- This research is about the marital rape exception in the Bharatiya Nyaya Sanhita, 2023. It wants to know why a husband can have -consensual
sex with his wife and it is not considered rape. The study checks if this rule is fair according to what we think about consent and a person’s right to control their body. Marriage should not mean that a woman cannot say no to have sex. The paper also looks at how keeping this rule in our laws affects people’s lives and the law. The marital rape exception in the Bharatiya Nyaya Sanhita 2023 is something that needs to be looked at. This exception affects the criminal justice system that we have now and the rights of women. The research tries to understand why the marital rape exception exists under Section 63 of the Bharatiya Nyaya Sanhita, 2023. The study is trying to see how being married affects a woman’s right to say no to have sexual activity. The marital rape exception in the Bharatiya Nyaya Sanhita 2023 raises questions, about whether a woman can say no to sex when she is married. The research is trying to find out if the marital rape exception is fair and matches the values that we believe in regarding the Bharatiya Nyaya Sanhita, 2023 and marriage.
The Constitutional Implication of the exception of marital rape-Another key goal of this research is to see how the marital rape exception affects the Constitution of India. The study checks if this exception is fair and if it gives people the treatment under the law. It looks at Article 14 which says people should not be treated unfairly Article 15 which says people should be treated equally and Article 21 which says people have the right to life respect for their life control over their own body and freedom. The research also looks at some court decisions. These include the Justice K. S. Puttaswamy case, the Suchita Srivastava case, the Joseph Shine case and the Independent Thought case. These cases show how important freedom, respect and following the Constitution are. The marital rape exception and individual rights are very important, in this context. The study wants to understand these things. The Constitution of India and its articles are the focus of this analysis. The research is also focused on the rape exception and the Constitution of India. The marital rape exception is a part of this study and it is important to understand how it affects the Constitution of India and individual rights.
Legal distinction between married and unmarried women is justified in nature-This study wants to find out if it is fair that married and unmarried women are treated differently by the law when it comes to
rape. The question is whether a woman’s decision about her body should be treated based on her marital status. The study aims to check if this difference in the law is fair and matches the principles of equality,
dignity and personal freedom in our constitution. It will examine both sides of the argument the law and the possibility of changing it. The study also wants to know if the current law really protects women’s
rights today. The goal is to see if the law truly supports women and gives them the independence they deserve. The study is, about women’s rights. How the law affects them. It wants to make sure the law
treats all women equally no their status. The study also wants to understand if the current law helps or hurts women’s freedom and dignity. Women’s rights are the focus. The study wants to see if the law
does a good job of protecting them.
RESEARCH QUESTIONS
1. Does the marriage amount to permanent or irrevocable consent to sexual intercourse?- This study is trying to find out if being married means a person always agrees to have sex. The study wants to know if
a woman has to agree to have sex with her husband every time or if being married means she always agrees to have sex. The study also looks at whether it's okay to think someone agrees to have sex just
because they are married. It talks about what the Bharatiya Nyaya Sanhita, 2023 says about agreeing to have physical intimacy. The study thinks about whether agreeing to have sex all the time because
married is fair to a woman. It is about whether a married woman's in control of her own body and is treated with respect and has the freedom to make her own choices. Whether being married means you
always agree to have sexual intimacy. In this paper the main question is about marriage and sex and that whether marriage means a woman always agrees to have sex with her husband.
2. Does the exception of marital rape violates article 14, 15 and 21 of the Constitution of India?- This study is looking at the law about rape in the Bharatiya Nyaya Sanhita, 2023. It wants to find out if the law about rape in the Bharatiya Nyaya Sanhita 2023 is fair in nature. The Constitution of India says that everyone is equal in the eyes of the law. This study is checking if the marital rape exception in the Bharatiya Nyaya Sanhita 2023 follows this rule. For example the rule that says men and women should be treated equally. The rule that says people have the right to live their life with dignity and people should be able to make their choices about their body. The study is using some court cases to help make its decision about the law about rape in the Bharatiya Nyaya Sanhita, 2023. These court cases are Justice K. S. Puttaswamy (Retd.) v. Union of India from 2017, Joseph Shine v. Union of India from 2018 Suchita Srivastava v. Chandigarh Administration from 2009 and Independent Thought v. Union of India from 2017. The marital rape exception in the Bharatiya Nyaya Sanhita 2023 is being compared to what these court cases have said about the rights of people in India the rights of women in India. The Bharatiya Nyaya Sanhita, 2023 and the Constitution of India are being carefully looked at to make sure that the law about rape in the Bharatiya Nyaya Sanhita 2023 is fair and just.
3. Does a woman get the right to say no to sexual intimacy and to have control in her own bodily autonomy after marriage?- This study is about seeing if being changes a woman’s control over her own body
remain same after marriage. It wants to find out if a married woman has all the rights as a woman who is not married. The question is, does a married woman get to decide what happens to her body like a
woman who is not married? The study also looks at how being in control of your body is connected to being treated with respect having privacy and being free to make your own choices. It asks if being
married should affect a woman’s right to make decisions about her body. It also wants to know if a woman’s decision to say no to sex is seen as important by the law as a woman who is not married. This
research paper is looking at how a woman’s life changes when she gets married.
4. Is the legal distinction between married and unmarried woman in relation to rape or consent to sexual intimacy constitutionally valid?- This study is trying to find out if the law is fair to married women and
unmarried women. In this particular matter the law treats women and unmarried women differently. The hurt and violation of a woman’s body is the same for married and unmarried women. This paper is looking at all the arguments for and against the rule that says a husband cannot be guilty of raping his wife. This rule is called the marital rape exception. The study is trying to figure out if the marital rape exception's fair, to unmarried women.
LITERAURE REVIEW
Views of Legal Scholar:
1. Many people who study law think that consent is the basis of every sexual relationship no matter if the people are married or not.
2. Several of these people believe that being married should not mean that someone always agrees to have sex.
3. People who study law from a point of view have said that the rule that says a husband cannot rape his wife is not fair because it goes against the idea that people have control over their own bodies and that men and women should be treated equally.
4. Some people think that keeping this rule is old fashioned and does not match the values that are in our constitution.
5. Other people think that saying marital rape is a crime might cause some problems, like how to prove it happened people using the law in the way and how it might affect the marriage.
6. A lot of writing about law agrees that the laws should be changed so that married and unmarried women are protected equally and marital rape is considered a serious crime like sexual assault is for women who are not married and that consent is essential, in every sexual relationship, including marriage.
Law Commission Reports:
1. The law commission made some suggestions about sexual offence laws in its 172nd report in the year 2000. However it did not say that marital rape should be considered a crime.'
2. The Justice Verma Committee was formed in 2013 after the Delhi gang rape case. This committee strongly felt that the marital rape exception should be removed. It said that being married should not be a reason to defend someone who has been accused of rape. The Justice
Verma Committee thought that marriage should not be used as a defence against rape.
3. The government agreed with many of the suggestions made by the Justice Verma Committee. The government did not agree with the suggestion about marital rape.
4. Many governments are worried that if marital rape is made a crime it could be misused. They think it might harm the institution of marriage.
5. This issue is still being talked about by lawmakers. The marital rape issue is a matter of discussion, about the constitution. Lawmakers are still debating the marital rape issue.
Parliamentary Debates:
1. Members of Parliament have thoughts about making marital rape a crime.
2. Some people think that being married does not mean a woman cannot say no to something she does not want to do.
3. They believe that a woman should be able to decide what happens to her body.
4. On the hand some people think that making marital rape a crime could cause problems for marriages and some people might try to use this law in a bad way.
5. The Government says they need to think carefully about this issue because India has many different cultures and ways of life.
6. When Members of Parliament discuss rape they try to find a balance between protecting women and thinking about how it will affect families and the law.
7. Members of Parliament have to think about things when they talk about marital rape and how to deal with marital rape, in the country.
8. Marital rape is an issue and Members of Parliament have to consider many things when they talk about marital rape.
Academic Opinions:
Marital rape is something that a lot of people who study these things think should be against the law. They think that whether or not someone agrees to have sex should be the important thing in any
relationship no matter if the people are married or not. These scholars say that just because someone gets married it does not mean they lose who they are as a person or that they are not in charge of their body.
Every person has the right to decide what happens to their body.
Some people who write about this subject also think that if husbands are not held responsible when they have sex with their wives without asking it is not fair to women who're married. This is because it means
the law is not protecting them in the way as other people. It also goes against some important principles like being treated equally and being able to make your own choices. So a lot of researchers think the law
should be changed so that it is clear consent is important, for everyone whether they are married or not. The law should also make sure that people cannot misuse this in some way.
JUDICIAL ANALYSIS
1. Justice K.S. Puttaswamy(Retd.) v. Union of India [ 2017]
The big court case Justice K.S. Puttaswamy (Retd.) v. Union of India in 2017 said that the Right to Privacy is a right in India. A group of nine judges from the Supreme Court decided that privacy is a part of the right to life and personal freedom. They also said that being in control of your body being respected and making your own choices are all
important parts of the right to privacy. The case was mainly about privacy and the Aadhaar scheme. What the judges said is also very relevant when talking about marital rape. It confirms that everyone has
the right to make choices about their body. This court judgment supports the idea that being in control of yourself and being respected are basic rights that cannot be taken away just because you are married.
The judgment says that marital status does not change these rights. It is a reminder that everyone regardless of their marital status has the right, to autonomy and dignity.
2. Independent Thought v. Union of India [2017]-
In a 2017 case called Independent Thought versus the Union of India the Supreme Court looked at the marital rape exception for wives. The Court said that having sex with a wife under eighteen years old is
considered rape. This decision changed the marital rape exception to protect girls. The judgment highlighted the need to protect the dignity and rights of girls. It also stated that marriage is not a reason
for violence against children. The decision did not make marital rape a crime for adult spouses. It did limit the exception and better protected children’s rights. The Supreme Court made it clear that children’s rights are important. The marital rape exception was narrowed down to ensure that children are safe. This change helped to stop violence, against minor girls.
3. X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi [2022]-
In the case of X versus Principal Secretary, Health and Family Welfare Department Government of NCT of Delhi that happened in 2022 the Supreme Court made some changes to the rules about reproductive
rights under the Medical Termination of Pregnancy Act. The Court said that women should have control over their bodies and lives and that they should be able to make their own decisions about things like
this. The Court also said that privacy and dignity are very important and that these things are connected to the rights that are guaranteed under Article 21. The Court made it clear that sexual violence can happen in a marriage. They said that if a woman is forced to have sex with her husband that's still a kind of rape and it should be treated that way under the Medical Termination of Pregnancy Act. Even though the Court did not say that the law that allows marital rape is unconstitutional they did say that non- consensual sex in a marriage is a kind of violence and that is important when we are talking about reproductive rights. The Medical Termination of Pregnancy Act and reproductive rights are important issues and this decision from the Supreme Court is a big deal. The Supreme Court and reproductive rights are connected in this case. The decision has become one of the most important things that has been said about marital rape in a long time. The issue of rape is still being debated and the Supreme Court decision about X, versus Principal Secretary, Health and Family Welfare Department Government of NCT of Delhi is a big part of that debate.
4. Joseph Shine v. Union Of India [2018]-
In the case of Joseph Shine versus Union of India that happened in 2018 the Supreme Court made a decision. They said that Section 497 of the Indian Penal Code, which's about adultery is not fair. The Court said that when people get married it does not mean they are not individuals anymore. They still have dignity. They are not anyone’s property. The Court also reminded us that everyone is equal and has the right to make their decisions. This is written in Articles 14, 15 and 21. People often talk about this decision when they discuss rape. The reason is that the Court said marriage cannot take away a person’s rights or control over their body. The Joseph Shine, versus Union of India decision is very important
because it says that marriage does not mean a person loses their individuality or dignity.
CONSTITUTIONAL ANALYSIS
1. Equality Before Law (Article 14)-The Indian Constitution says that everyone is equal before the law. Article 14 of the Indian Constitution says that every person should get protection from the law. Some people think that the marital rape exception is not fair because it treats women and married women differently. They say this difference is not right because the lack of consent and the nature of the act are the same in both cases, which's marital rape and rape. The Supreme Court of India made some decisions that relate to this issue of equality before the law. In the case of Joseph Shine v. Union of India in 2018 the Court said that marriage does not mean a woman’s identity or freedom is controlled by her husband. The Court rejected fashioned ideas that are built into the law and said that the Indian Constitutions promise of equality still applies in marriage, which is very important for equality before the law. In another case Independent Thought v. Union of India in 2017 the Court decided that marital status cannot be a reason to deny protection to a victim of rape. These judgments make it stronger for people to argue that any legal differences based on status must be fair and equal which is a key part of equality before the law.
2. Bodily Autonomy- Bodily autonomy means that every individual, including women has the right to control their body. It is about making choices concerning integrity and intimate relationships like who to marry or whether to have sex. In the context of rape it raises a question of whether marriage can take a woman’s right to refuse sexual intercourse, which is a key part of bodily autonomy. The Supreme Court of India has said times that bodily autonomy is an important constitutional value. In the case of Suchita Srivastava v. Chandigarh
Administration in 2009 the Court said that a woman’s choices about her body are part of her freedom under Article 21 of the Indian Constitution. The Court also said that every woman has the right to make decisions
about her body, which is a key part of bodily autonomy. In the case of Justice K.S. Puttaswamy (Retd.) v. Union of India in 2017 the Court recognized that making choices and bodily integrity are parts of the right to privacy, which includes autonomy. These decisions reinforce the principle that bodily autonomy is still protected under the Indian Constitution in marriage, which's very important, for women’s rights.
3. Right to Privacy- The right to privacy is something that we are allowed to have under Article 21 of the Constitution. This right to privacy means that we can make our choices without anyone interfering with
us. We can decide what we want to do with our bodies. The right to privacy also gives us the freedom to choose what we want to do with our bodies when it comes to things like having sex and having children.
In the case of Justice K.S. Puttaswamy against the Union of India in 2017 the Supreme Court said that the right to privacy is a part of our freedom to live our lives as we want to. The Court said that the right to privacy includes being able to make our decisions about our bodies and what we want to do with them. The Supreme Court made it very clear that every single person has the right to make decisions about their body whether they are married or not married. This is really important when we talk about the right to privacy and things like rape. The right to privacy gives us the freedom to make our choices about our bodies. The right to privacy is what we have under Article 21 of the Constitution. It is a very important right, to privacy that we have.
4. Human Dignity- The idea of Human Dignity is really important in our Constitution. It is connected to things like being equal having freedom and being able to make our choices. Every person has the right
to live their life with Human Dignity and to be treated with respect. This is true no matter if you are a man or a woman or if you are married or not. The Supreme Court made some decisions about Human
Dignity. For example in the case of State of Karnataka v. Krishnappa in the year 2000 the Court said that when someone experiences violence it is not just a physical attack, but also an attack on their
Human Dignity, privacy and their basic right to live. The Court also said that rape is a thing that hurts a woman’s sense of self and is a violation of her body. In another case Joseph Shine v. Union of India in
the year 2018 the Court said again that getting married does not mean a woman loses her Human Dignity or her rights, as a citizen. These decisions show that Human Dignity is a right that we should
always have even when we are married.
5. Personal Liberty (Article 21)- Article 21 says that the government cannot take away a person’s life or Personal Liberty unless they follow the rules that the law has set. Over time the Supreme Court has
made Article 21 mean things, like a person’s right to control their own body, their right to privacy their right to make choices about having children, their dignity and their freedom to make decisions. The
Supreme Court made some decisions in cases like Justice K.S. Puttaswamy versus Union of India in 2017, Suchita Srivastava versus Chandigarh Administration in 2009 ,Joseph Shine versus Union of
India in 2018 and X versus Principal Secretary, Health and Family Welfare Department Government of NCT of Delhi in 2022. These cases together say that Personal Liberty means peoplehave the freedom to make choices about their own body. In the case of X versus Principal Secretary the Supreme Court also said that a woman can be a victim of violence even in marriage especially when it comes to her rights regarding reproduction. This means that just because a woman is married it does not mean she gives up her right to dignity, autonomy and Personal Liberty. These decisions by the Supreme Court have had an impact, on how people think about the law regarding marital rape and Personal Liberty.
SUGGESTIONS AND REFORMS
Legislative Amendments: We really need to change some laws the Bharatiya Nyaya Sanhita, 2023. We need to look at the part about rape, in Section 63. The law should say that people need to agree to sex no
matter if they are married or not. Just because you are married does not mean you always agree to sex. The law should protect women from people forcing them to have sex just like it protects women who are
not married. When we change the law we need to make sure it is clear and fair so people know what to expect. We need to make sure that the police and the courts are fair when they investigate and try these
cases and that everyone is treated under the Bharatiya Nyaya Sanhita, 2023.
Judicial Interpretation: The courts have always made sure that the rights given to people in the constitution like dignity and privacy and the freedom to make choices about their bodies and lives are
really important. They did this in cases like Justice K.S. Puttaswamy against the Union of India and Suchita Srivastava against the Chandigarh Administration and Joseph Shine against the Union of India
and X against the Principal Secretary of the Health and Family Welfare Department. In the future the judiciary should keep making sure that the Bharatiya Nyaya Sanhita is in line with what the constitution
says in Articles 14, 15 and 21. The courts must remember that fairness and equality and the freedom of each person to make their own decisions are the important things when they are interpreting laws about sexual offences and consent within marriage. Judicial Interpretation should always protect the rights of people like dignity and privacy. Make sure that the laws are fair to everyone especially when it comes to sexual offences and consent within marriage. The courts have a role to play in making sure that people are treated fairly and that their rights are protected and this is really important, for Judicial Interpretation.
Safeguards Against Misuse : The government and other people are worried that a law against rape could be used in the wrong way. This is a problem, with a lot of laws. It should not be the only reason we do
not help people who are really victims. We can put in place some safeguards to make sure this does not happen, like making sure the police investigate things fairly and do not rush into anything. The police
should look at the facts carefully before they do anything. We also need to protect people from being treated on purpose. We need to make sure that people tell the truth when they make a complaint. If
someone lies on purpose they should get in trouble. This way we can help people who're really victims of marital rape and stop people from using the law in the wrong way.
Awareness and Policy Reforms : Stopping rape needs more than changing laws. We also need to change how people think and how our institutions work. We should teach people that getting married does not mean you have to agree to everything. You still get to choose what you want to do. Schools, police, hospitals and judges need training. They should learn about consent treat men and women equally and know how to help people who have been raped. The government must also help people who have been
raped more.
1. They should provide counselling to help them heal.
2. They should make it easier for people to get the help they need.
3. They should support people who have been raped more so they feel safe.
This way we can help create marriages where both people respect and agree to things. Marriages should be based on respect and dignity, for both people. The goal is to make sure people who have been raped
get the help they need to move on.
CONCLUSION
The present research looked into consent in offences. It specifically examined the marital rape exception under the Bharatiya Nyaya Sanhita, 2023. The study checked the exception from angles. Constitutional, legal and comparative. It found that consent is key to any sexual relationship. The principles of equality, dignity and personal freedom protect every individual whether they are married or not. Court decisions like Justice K.S. Puttaswamy (Retd.) v. Union of India and Suchita Srivastava v. Chandigarh Administration support these values. The research also looked at reasons for keeping the marital rape exception. These include worries about people misusing the law and concerns about protecting marriage. However these concerns should not ignore rights or reduce the importance of consent. These countries have made rape a crime. They also have safeguards to prevent misuse. This shows that recognising women’s rights can go with constitutional values and effective justice systems. The issue of rape is not just about law. It is also, about morality, gender justice and human rights. Parliament will decide on reform. Any new legal framework should balance rights with safeguards. A fair legal system should make consent necessary in every relationship regardless of marital status.
Refrences
K.S. Puttaswamy(Retd) And Anr. Vs Union Of India And Ors. On 24th Aug,2017 https://indiankanoon.org/doc/91938676/;
Suchita Srivastava Vs Union Of India ref https://clpr.org.in/wp content/uploads/2024/11/62_Suchita_Shrivastava_v_Chandigarh.pdf
Independent Thought Vs union Of India on 11th Oct 2017 https://indiankanoon.org/doc/87705010/
4.Joseph Shine Vs Union Of India on 27th Sept, 2018 https://indiankanoon.org/doc/42184625/
Consent in Rape Law in India; https://law.shodhsagar.com/index.php/j/article/view/180?utm_source=chatgpt.com
Bodily Autonomy and Constitutional Morality; https://jllrd.com/index.php/journal/article/view/43 utm_source=chatgpt.com
172nd Law Commission Report; https://www.latestlaws.com/library/law-commission-of-india-reports/law-commission-report-no-172-review-of-rape-laws-2000,
Justice Verma Committee Report; https://prsindia.org/policy/report-summaries/justice-verma-committee-report-summar
Parliamentary Debates regarding women’s bodily autonomy;
https://timesofindia.indiatimes.com/india/govt-justifies-exclusion of-marital-rape-as-sexual-offence-in-amended ordinance/articleshow/18566797.cms
Reason why India must criminalize marital rape; https://lawjournals.celnet.in/index.php/njcl/article/view/1781
Judicial attitudes towards marital rape; https://jllrd.com/index.php/journal/article/view/43
Justice K.S. Puttaswamy(Retd.) v. Union Of India 2017, 10 SCC 1, pp. 298-301 Available at https://www.scobserver.in/wpcontent/uploads/2021/10/Right_to_Privacy__Puttaswamy_Judgment_1.pdf
Govt.-of-NCT-of-Delhi-Anr.pdf
Case of Joseph shine v. Union of India,(2019)3 SCC 39, J.D.Y. Chandrachur opinion pp 40-55 C.J.Dipak Mishra opinion pp 5-23, available at
Suchitra Srivastava & Anr. V. Chandigarh Administration (2009), 9 SCC 1, pp 22 https://www.globalhealthrights.org/wpcontent/uploads/2012/11/SC-2009-Suchita-Srivastava-v.-Chandigarh-Administration.pdf
State of Karnataka v. Krishnappa . (2000) 4SCC 75, para 14 Available at: https://indiankanoon.org/docfragment/635584/?formInput=++376+i.p.c.+doctypes%3A+judgments
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