Vol. 10, Issue 6, Part C (2024)

Abstract
The act of one spouse having non-consensual sexual relations with another, known as marital rape, has long been a prevalent yet underappreciated problem in Indian society. The prohibition of marital rape is still a controversial and unresolved issue in the Indian legal system, notwithstanding recent progressive legislative developments. This essay critically analyses the pressing necessity for marital rape to be made a crime in India, taking into account the effects it would have on social justice, human rights, and gender equality. Based on an extensive analysis of extant literature, legal statutes, and case studies, this paper investigates the legal, historical, and sociocultural elements that contribute to the continued occurrence of marital rape in India. To sum up, this essay argues that making marital rape a crime is a crucial step towards protecting married women\\\'s fundamental rights, combating gender-based violence, and promoting a fairer and more just society in India. It demands immediate legislative action, public discussions, and policy changes to end the culture of impunity that permeates society and holds married rapists accountable.