Yes, marital rape should be criminalized in India, and there are strong constitutional and legal arguments supporting this position.

Constitutional Angles:
1. Violation of Article 14 (Right to Equality): The marital rape exception under Section 375 of the Indian Penal Code (IPC) denies equal protection of laws to married women by treating them differently from unmarried women, thus violating the principle of equality.

2. Violation of Article 21 (Right to Life and Personal Liberty): Forced sexual intercourse within marriage infringes upon a woman’s bodily autonomy, dignity, and privacy, which are integral to the right to life and personal liberty under Article 21.

3. Violation of Article 15(1) (Non-discrimination): The exception discriminates on the basis of sex and marital status, as it assumes irrevocable sexual consent upon marriage, which undermines a woman’s right to withdraw consent.

Legal Angles:
1. Conflict with Newer Laws Recognizing Marital Sexual Abuse: Laws such as the Protection of Women from Domestic Violence Act, 2005 (PWDVA) now explicitly recognize sexual abuse within marriage as a form of domestic violence. Courts have provided protection orders and compensation in such cases, showing legal recognition of non-consensual sex within marriage as harmful—even if not termed "rape" under IPC.

2. Judicial Activism and Ongoing Constitutional Challenges: In RIT Foundation & Others v. Union of India (Delhi High Court), the constitutionality of the marital rape exception in Section 375 IPC is under scrutiny. Judges have questioned whether marriage can be a blanket defense to rape and whether it violates Articles 14, 15, and 21.

3. Growing Judicial Recognition of Women's Autonomy in Marriage: Recent High Court judgments (e.g., Karnataka High Court 2022 case where the judge refused to quash a rape FIR against a husband) show a clear shift towards recognizing the wife’s right to say no, challenging the immunity currently enjoyed by husbands.

Yes, marital rape should be criminalized in India as it violates a woman's fundamental rights under the Constitution, including **Article 14 (equality before law)**, **Article 19 (freedom of expression and dignity)**, and **Article 21 (right to life and personal liberty)**. The current exception under **Section 375 of the IPC**, which exempts husbands from rape charges, is inconsistent with the principles of bodily autonomy and consent. Supreme Court judgments have increasingly recognized a woman’s right to dignity and sexual autonomy within marriage. Criminalizing marital rape would align Indian law with global human rights standards and fulfill constitutional guarantees of gender equality and protection against violence.

This is the most concerned topic in India in the today's time. Yes, this is fact that there are marital rapes which is happening in our society from past era. Only being a married couple doesn't give the license to the males for the sexual intercourse, the consent of the females should be taken even after the marriage. It seems that it violates the art 14, 15 and 21.

Since ther exist the marital rape but the constitution doesn't provide the equal legal rights to the females , so, it violates the art 14 of IC
Art 15 of IC talks about the non discrimination to the Indians on any basis but in the case of marital rape, the lack legal remedy points the violation of Art 15.
The definition of rape is the sexual intercourse without the consent of of the partner and in marital rape the violation of personal liberty occurs and it violates the Art 21.
The question is that after the above things, why the marital rape is not criminalised,
Actually I'm many cases the supreme court accepts the need of criminalisation of the marital rape but at the same time he said that if it would be criminalised, there will be the chaos in the society.
There will be the rape case in every house in India.
At the conclusion I think this is a strong argument for not criminalisation of marital rape but the court should direct the governments to work on this and spread the awareness about it.