The Supreme Court of India recently held hearings on a pressing legal question that has long been at the centre of debates around women's rights and constitutional law — whether a husband can actually be tried for raping his wife when the existing statute explicitly excludes such acts from the definition of rape.
Under Exception 2 to Section 375 of the Indian Penal Code, sexual intercourse by a man with his own wife, provided she is above the age of eighteen, is not considered an offence. This legal carve-out has been challenged repeatedly over the years as unconstitutional, but it remains on the statute books. During the recent hearings, the Court questioned how a husband could face criminal prosecution for marital rape when the law itself states that such an act does not constitute rape.
The argument before the bench drew attention to the growing body of petitions that have sought to strike down this exception entirely. Petitioners have argued that the exemption violates Articles 14, 15, and 21 of the Constitution — guaranteeing equality, prohibiting discrimination, and protecting the right to life and personal liberty, which includes bodily autonomy and dignity.
Legal experts note that India is among a handful of countries where marital rape is not fully criminalized. Some states have seen higher courts issue observations critical of the exemption, and the Central Government has previously stated its opposition to criminalizing marital rape while reserving the right to respond to pending petitions. Critics argue that the exception perpetuates gender inequality and leaves women trapped in abusive marriages without legal recourse.
The Court's deliberations are expected to carry significant weight, as a verdict could reshape the legal landscape for millions of married women across the country.
