Marriage, Consent, and Constitutional Morality: Examining the Marital Rape Exception in India

Abstract

This study critically examines the Marital Rape Exception (MRE) under Exception 2 to Section 63 of the BNS, 2023¹ in India, through the lenses of marriage, consent and constitutional morality, scrutinizing whether it can withstand the constitutional ethos of human dignity and individual liberty, thus questioning if its continued existence will remain compatible with the evolving socio-legal vision of contemporary society.

Moreover, the study seeks to examine how the preservation of such an exception reinforces deeply rooted patriarchal norms within society, where women are frequently perceived not as autonomous individuals but rather as subordinate subjects within the family structure who are expected to conform to the authority and sexual dominion of the patriarch. Thus, the exception leads to an environment where fundamental human rights like consent and body autonomy are systematically undermined while simultaneously reinforcing gender roles, social stigmas, and stereotypes that normalize the subordination and silencing of women within marital relationships.