On Friday, December 5, 2025, Shashi Tharoor, a Member of Parliament from the Congress party, introduced a private member's bill in the Lok Sabha aimed at criminalizing marital rape in India. Tharoor asserted that the nation must transition from a "no means no" framework to an "only yes means yes" standard.
The bill seeks to amend the Bharatiya Nyaya Sanhita (BNS) and eliminate the exception that currently shields marital rape from legal consequences. Tharoor emphasized that marriage should not negate a woman's right to grant or deny consent. In a statement shared on X, Tharoor described the criminalization of marital rape as an "urgent necessity" within India's legal framework. He argued that every woman is entitled to bodily autonomy and dignity within marriage, which he says the current legal system fails to adequately protect.
Tharoor's statement of objects and reasons accompanying the bill highlights that Section 63 of the BNS, 2023, presently excludes marital rape from being a punishable offense, thereby permitting a husband to engage in non-consensual sexual acts with his wife, provided she is over the age of 18. He contends that this legal exception is a relic of colonial-era laws rooted in patriarchal views that treat wives as property, leaving them legally defenseless and undermining their fundamental rights to dignity, safety, and bodily autonomy.
Tharoor further elaborated that Article 21 of the Indian Constitution guarantees every individual the Right to Life and Personal Liberty, which the Supreme Court has interpreted to include dignity, privacy, and bodily autonomy. He argues that marital rape violates these rights by denying married women control over their own bodies. Additionally, he pointed out that Article 253 empowers Parliament to legislate in accordance with international conventions, while Article 51 obliges the State to respect international law and uphold equality and justice.
Tharoor also addressed potential counterarguments, stating that allowing a husband to force sex upon his wife disregards her autonomy and perpetuates a culture of control and gender-based violence. He further asserted that factors unrelated to a woman's autonomy, such as her caste, profession, clothing choices, personal beliefs, or past sexual conduct, should never be used to presume her consent.
In addition to the bill on marital rape, Tharoor introduced two other private member's bills. One seeks to amend the Occupational Safety, Health and Working Conditions Code, 2020, addressing concerns about overwork and burnout among India's workforce. The other proposes the establishment of a permanent States and Union Territories Reorganisation Commission.
