International Safeguards, Legislative Failures: Analyzing Right of Women's Sexual Autonomy and the Gap Between Legal Protections and the Non-Criminalization of Marital Rape in India

Abstract

The contentious issues in almost all legal jurisdictions, including India, which has still not been presented as a criminal offence, pertain to marital rape. The present research critically evaluates the lacunae in the Indian legal framework relating to marital rape and why reforms are pressing in securing women's sexual autonomy. Despite the enforcement of Bharatiya Nyay Sanhita, 2023, marital rape continues to remain outside the purview of criminal offenses in India, squarely revealing the chasm that exists between what the law can offer and women's rights within marriage. It is for the identification of gaps in the present framework of laws and to suggest reforms in the light of international comparative analysis. The study hypothesizes that the non-criminalization of marital rape continues to perpetuate not only the structural inequalities but also infringes on the basic fundamental right of sexual autonomy given to women. The research will adopt a doctrinal and qualitative methodology seeking to garner insight into the issue by drawing on extant scholarly literature, legal documents, and case laws for the broader implications of this issue. Drawing from comparative law, international frameworks will be researched that have in effect criminalized marital rape, seeking parallels and actionable reforms based on this comparison. It shows that there is a critical need to amend laws in India to meet international standards toward effecting women's rights. Results show that reform is necessary both in ensuring justice in marriage and pursuing the broader agenda of gender equality. The inference therefore, brought out here, is that criminalizing marital rape in India shall be a step towards protection of sexual autonomy and upholding the dignity of women. Thereafter, the major implications of this study on future research, policy formulation, and advancement of women's rights in India are definitive.