Towards a Legislative Reform in Recognizing Marital Rape in India: A Comparative Study with UK and Nepal

Marital rape represents an egregious violation of a woman’s bodily autonomy, yet it remains shielded by archaic patriarchal doctrines originating from seventeenth-century legal formulations. While jurisdictions like the United Kingdom—through the landmark precedent of R v R—and Nepal have successfully abolished marital immunity and criminalized non-consensual spousal intercourse, India continues to uphold colonial-era vestiges through Exception 2 of Section 63, Bharatiya Nyaya Sanhita, 2023. This paper examines the systemic legal and societal gaps sustaining this immunity in India by contrasting them with progressive judicial and legislative frameworks abroad. Analyzing case studies, judicial trends, and the necessity of safeguarding marital consent, the study advocates for the urgent criminalization of marital rape in India and formulates a comprehensive model legislative framework to dismantle spousal immunity and uphold gender justice.