Scrutinizing the Legality of Controversial Series of ‘Marry your Rapist’ Verdicts on the Anvil of Justice: A Critique

Zubia Rehan; Tazeen Ahmed

Scrutinizing the Legality of Controversial Series of ‘Marry your Rapist’ Verdicts on the Anvil of Justice: A Critique

Author(s)	Ms. Zubia Rehan, Ms. Tazeen Ahmed
Country	India
Abstract	The recurring judicial practice of suggesting, facilitating, or considering marriage between a rape survivor and the accused as a ground for bail, sentence reduction, acquittal, or compromise has emerged as one of the most contentious developments in Indian criminal jurisprudence. Although no statutory provision in India recognises a "marry your rapist" rule, several judicial pronouncements have, directly or indirectly, legitimised this approach, raising serious concerns regarding constitutional morality, gender justice, and the rule of law. This article critically examines the legality and implications of such decisions by analysing judicial precedents, statutory provisions, constitutional guarantees, and international human rights obligations. It argues that treating marriage as a solution to sexual violence undermines the survivor's dignity, autonomy, bodily integrity, and right to access justice while reinforcing patriarchal stereotypes and systemic judicial paternalism. The article further explores the impact of gender stereotyping in rape adjudication, the significance of the Supreme Court's Handbook on Combating Gender Stereotypes, and the evolving jurisprudence that rejects compromise in sexual offence cases. Through a comparative study of jurisdictions that have repealed or abolished similar "marry your rapist" laws, the article demonstrates the growing global consensus that marriage can neither extinguish criminal liability nor remedy the harm caused by sexual violence. It concludes that judicial endorsement of marriage in rape cases is incompatible with constitutional values and international human rights standards and advocates a survivor-centric, rights-based, and gender-sensitive judicial approach that unequivocally rejects marriage as a substitute for criminal accountability.
Keywords	Marry Your Rapist, Constitutional Morality, Sexual Violence, Consent, Human Rights.
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 4, July-August 2026
Published On	2026-07-09

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Scrutinizing the Legality of Controversial Series of ‘Marry your Rapist’ Verdicts on the Anvil of Justice: A Critique

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