Researcher ORCID Identifier
https://orcid.org/0009-0006-0288-207X
Graduation Year
2026
Date of Submission
4-2026
Document Type
Open Access Senior Thesis
Degree Name
Bachelor of Arts
Department
Government
Reader 1
Aseema Sinha
Terms of Use & License Information
Rights Information
2026 Pallavi Raju
Abstract
Marital rape remains an unpunished crime in India, despite decades of dispute and litigation. This thesis explores the question of why the state continues to retain the marital rape exception within the Indian criminal code, even though it commits to combat gender based violence in other areas of justice. The research begins with a broader understanding of privatization of women’s rights in the international sphere and culturally sanctioned violence to protect the institution of marriage. With a focus on the legal justifications and language of Indian court cases, this thesis determines that judges adjudicate on gender justice inconsistently. Attempting to balance traditional views of marriage, heteronormative values, and the role of women on one side of the scale, and the protection of women’s bodily integrity, autonomy, and dignity on the other. I conclude that India stands at a pivotal moment, where it must take legal, political, and social action to turn the tides of justice and undo the centuries of subjugation of Indian wives within their marriage.
Recommended Citation
Raju, Pallavi, "Balancing the Scales of Justice: The Unconstitutionality of Marital Rape in India" (2026). CMC Senior Theses. 4144.
https://scholarship.claremont.edu/cmc_theses/4144
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Constitutional Law Commons, Criminal Law Commons, Domestic and Intimate Partner Violence Commons, Gender and Sexuality Commons, Legal Remedies Commons
