Why the Supreme Court Still Refuses to Criminalize Marital Rape? Dr. Saloni Khanna Explains

Описание: Marital rape remains one of the most contested and uncomfortable legal debates in India. While consent is recognized as central to personal autonomy and dignity, the institution of marriage continues to complicate how the law interprets sexual violence within it. This contradiction has placed the issue at the crossroads of constitutional rights, social norms, and long-standing legal exceptions.

The Supreme Court has repeatedly acknowledged the importance of bodily autonomy, equality, and the right to life with dignity. At the same time, it has noted that criminalizing marital rape involves complex questions of legislative intent, social consequences, and the boundaries between judicial interpretation and lawmaking. This tension has resulted in the continuation of a legal exception that treats married and unmarried women differently under criminal law.

The ongoing debate raises deeper questions about consent, power, and protection within marriage. It forces a confrontation with whether marriage can ever imply permanent consent, and whether constitutional rights should yield to tradition. As society evolves and conversations around gender justice grow louder, the legal status of marital rape remains a mirror to how the law balances social reality with fundamental rights.


I’m Saloni Khanna - Educationist, Economist, UPSC Interviewer and Founder of Skill Up Foundation.

Here, we explore:
• UPSC preparation beyond coaching hype and topper myths
• Interview, debate and communication skills that actually work
• Governance, economy and how power really functions in India
• Gender, caste and social sensitivity – the biases officers must see clearly
• Mindset, confidence and ethics for future administrators and leaders

If you’re preparing for UPSC, aiming for a government job, or simply want to think sharper, speak better and be more sensitive to people and systems, this space is for you.

Subscribe to join this learning community and don’t forget to share videos with friends who need this perspective.

Connect with me:

Instagram:   / thesalonikhanna  
Facebook:   / thesalonikhanna  
Linkedin:   / saloni-khanna-457025169  
Twitter: https://x.com/saloniikhanna?lang=en

For invitations, collaborations and business enquiries:
Email: [email protected]

#MaritalRape #ConsentMatters #SupremeCourtIndia #GenderJustice #WomensRights #LegalDebate #ConstitutionalRights #BodilyAutonomy #MarriageAndLaw #JusticeForWomen #EqualityBeforeLaw #HumanRightsIndia #LawAndSociety #EndRapeCulture #IndianJudiciary