Background: Marital rape remains a contentious and unpunished form of sexual violence in India due to Exception 2 to Section 375 of the Indian Penal Code (IPC). This exception, rooted in patriarchal notions of conjugal rights, stands in stark contrast to constitutional guarantees and global human rights standards. The urgency of addressing this legal immunity is underscored by its severe psychosocial consequences for victims.
Objective: This scoping review systematically maps and synthesises the legal, social, and psychological literature concerning the criminalisation of marital rape in India to establish the scientific and ethical impetus for legislative reform.
Methods: We followed an enhanced JBI scoping review methodology, mapping evidence from academic databases and grey literature. Key data were extracted on legal challenges, psychosocial impacts, perpetrator characteristics, and the socio-cultural factors perpetuating the exception.
Results: The evidence demonstrates that the legal immunity constitutes a systemic failure to protect fundamental rights, contributes to severe mental and physical health burdens, and is upheld by deeply entrenched patriarchal narratives. The analysis highlights that, similar to how unaddressed societal stressors can trigger disproportionate negative consequences, the legal fault line on marital rape contributes to a measurable rise in intimate partner violence.
Conclusion: The continued failure to criminalise marital rape is indefensible. Legislative reform is urgently required and must be accompanied by robust support systems. The inadequacy of current legal and social models necessitates a paradigm shift to ensure justice and equality within marriage.
