A Nine‑Word Constitutional Crisis: Re‑Examining the Marital Rape Exception Under the Bharatiya Nyaya Sanhita, 2023

The marital rape exception ("MRE") enshrined as Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 is a colonial vestige that deprives married women of comprehensive legal protection from non-consensual sexual activities perpetrated by their husbands. This article contends that the MRE is constitutionally flawed under Articles 14, 15, 19, and 21 of the Constitution of India, traces its roots to a discredited 17th-century English doctrine, examines the judicial evolution from Independent Thought v. Union of India AIR 2017 SC 4904 to the divided verdict in RIT Foundation v. Union of India (2022), and analyses the legislative inaction noted in the Union of India's own counter-affidavit submitted to the Supreme Court in Hrishikesh Sahoo v. Union of India (SLP Crl. No. 4063–64 of 2022). The paper finishes with specific reform ideas aimed at addressing both the legislative deficiencies and the institutional shortcomings that perpetuate them.