Marital rape should be criminalized in India, despite concerns about potential misuse. The fundamental argument lies in the principle that consent is central to all sexual relations, and marriage cannot be a license to violate a woman's bodily autonomy. The exception under Section 375 of the Indian Penal Code, which excludes forced sex within marriage from the definition of rape, directly undermines a woman's right to dignity, equality (Article 14), and personal liberty (Article 21). While fears of false accusations exist, they are not unique to marital rape and apply to many other laws, including those already criminalizing domestic violence or dowry harassment. The solution lies in building robust legal safeguards and a fair investigative process, not in denying justice to genuine victims. Globally, over 100 countries have criminalized marital rape, recognizing that consent does not become irrelevant after marriage.

Therefore, India must align its criminal law with constitutional morality and international human rights standards by recognizing marital rape as a punishable offense, while ensuring procedural fairness to prevent misuse.