This short article is written by Aanchal Agarwal, a student of Bharati Vidyapeeth New Law College, Pune.
ABSTRACT
Marital rape remains one of the most silenced violations in India. It hides behind domestic walls, masked by the idea of marital duty and emotional loyalty. Even after the introduction of the Bharatiya Nyaya Sanhita 2023, the law continues to exempt husbands from punishment for non-consensual intercourse with their wives. This article is written from a place of empathy and reflection. It questions why the law hesitates to acknowledge that consent does not vanish after marriage. Through emotional reasoning and legal awareness, it argues that the absence of criminalisation is not just a legislative gap but a moral failure.
Keywords
Marital Rape, Consent, BNS 2023, Gender Justice, Silence, Law and Autonomy
