Kolkata, December 11, 2025 – Congress leader Shashi Tharoor has voiced strong concerns regarding the legal exception for marital rape in India, emphasizing that the nation is one of the few democracies that does not recognize the severity of the issue. Despite having stringent laws against rape, the exemption for husbands remains a significant gap in the legal framework.
Tharoor highlighted the urgent need for legislation to criminalize marital rape, asserting that it constitutes violence and violates a woman's fundamental right to bodily autonomy. He argued that marriage should not negate a woman's right to grant or deny consent, emphasizing that "no means no" should be a fundamental right for every woman. He further stated that India must move from "No Means No" to "Only Yes Means Yes".
Tharoor recently introduced a private member's bill in the Lok Sabha to amend the Bharatiya Nyaya Sanhita, seeking to strike out the entrenched marital rape exception. Section 63 of the law currently excludes marital rape as a punishable offense, leaving married women without legal protection. The bill aims to provide legal recourse for married women, aligning their rights with those of unmarried women and upholding constitutional values.
The bill's statement of objects and reasons emphasizes that the current law perpetuates outdated patriarchal notions that view wives as property, remnants of colonial-era mindsets. It argues that this legal gap undermines women's fundamental rights to dignity, safety, and bodily autonomy. The statement cites the National Family Health Survey-5 (NFHS-5), which indicates that 83% of women aged 18 to 49 who experienced sexual violence identified their current husband as the perpetrator, highlighting the prevalence of marital rape.
Tharoor's bill asserts that Parliament has the power to legislate in line with international conventions, citing Article 253 of the constitution. It also references Article 51, which directs the State to respect international law and uphold equality and justice. The bill stresses that marriage should be a partnership based on mutual respect, consent, and equality, and that criminalizing marital rape would affirm consent as a universal right, not a conditional one.
Several factors, such as caste, profession, clothing choices, personal beliefs, or past sexual conduct, should never be used to presume a woman's consent. Allowing a husband to force sex upon his wife disregards her autonomy and perpetuates a culture of control and gender-based violence.
Introducing the bill as a private member bill aims to promote debate on constitutional and social issues in Parliament, strengthening the safety and rights of women. Tharoor emphasized that the issue of marital rape is not about marriage itself but about violence and the absence of consent. He stressed that granting women their fundamental rights and criminalizing marital rape are crucial steps from both a constitutional and social perspective, improving their quality of life.
