Shashi Tharoor Introduces Landmark Bill to Criminalize Marital Rape in India: Championing Women's Constitutional Rights

Shashi Tharoor has emphasized that criminalizing marital rape is urgently needed in India's legal system.

New Delhi:

Congress MP Shashi Tharoor presented a private member's bill in the Lok Sabha on Friday that seeks to criminalize marital rape. He emphasized that India must honor its constitutional values and transition from "no means no" to "only yes means yes."

Tharoor additionally introduced two other private member's bills in Parliament's Lower House - one to amend the Occupational Safety, Health and Working Conditions Code of 2020, and another to establish a State and Union Territories Reorganisation Commission that would recommend territorial reorganization to the central government.

In a statement on X, the Thiruvananthapuram MP stressed that criminalizing marital rape is critically important for India's legal framework. His bill aims to amend the Bharatiya Nyaya Sanhita (BNS) and eliminate the marital rape exception, affirming that marriage cannot invalidate a woman's right to give or withhold consent.

"India must uphold its constitutional values and move from 'No Means No' to 'Only Yes Means Yes'. Every woman deserves the fundamental right to bodily autonomy and dignity within marriage, protections our legal system fails to provide. Marital rape is not about marriage but about violence. The moment for action has arrived," Tharoor declared.

The bill's statement of objects and reasons highlights the urgent necessity to criminalize marital rape in India's legal framework.

"Currently, Section 63 of the Bharatiya Nyaya Sanhita, 2023, excludes marital rape from being a punishable offence, allowing men to engage in non-consensual sex with their wives, provided the wife is not under 18 years of age," it states.

This outdated legal exception stems from patriarchal notions that view wives as property - a remnant of colonial-era mindsets.

"This failure to criminalise marital rape has left married women legally defenceless, distinguishing them from unmarried women and perpetuating the misconception that marriage voids the necessity of consent. This undermines women's fundamental rights to dignity, safety and bodily autonomy," the statement continues.

"Allowing a husband to force sex upon his wife disregards her autonomy and perpetuates a culture of control and gender-based violence.... Similarly, 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. Such assumptions not only perpetuate gender-based inequality but also violate her fundamental rights and dignity. They must be unequivocally rejected."

In a separate post on X, Tharoor explained that his private member's bill to establish a permanent States and Union Territories Reorganisation Commission aims to ensure that any future creation or modification of states and Union territories would be guided by objective data (including census information), clear definitions, administrative efficiency, economic viability, national unity, and public will.

According to the bill's statement of objectives, the ongoing bifurcation and reorganization of states confirms that such issues will remain prevalent in a country with India's diversity.

"It is pertinent to create a mechanism for reorganisation of states that takes into account economic and financial viability, administrative efficacy, unity of the nation, cultural history, attitude of the people and so on. A pre-planned consistent study of reorganisation of states on the basis of these factors will ensure informed decision-making that will lead to efficient, stable units rather than knee-jerk reactions," it explains.

"Keeping true to the words of (Jawaharlal) Nehruji, it will be an objective and dispassionate process for the welfare of both the people and the country."

Discussing his third private member's bill to amend the Occupational Safety, Health and Working Conditions Code (2020), Tharoor noted on X that with 51 percent of India's workforce working more than 49 hours weekly and 78 percent experiencing burnout - tragically exemplified by the death of young professional Anna Sebastian Perayil - it's evident that overwork is damaging the physical and mental health of the country's professionals.

The bill aims to limit working hours, legally secure the right to disconnect, and establish comprehensive grievance and mental health support systems to promote a healthier, more sustainable workforce.

According to the bill's objectives statement, incorporating legal protections for work-life balance, the "right to disconnect," and limiting working hours will together form a holistic approach to improving India's workplace environment.

"By focussing on the well-being of employees, both their physical and mental health will improve, creating a more sustainable and productive workforce for the future of India. Hence this Bill."

Both Lok Sabha and Rajya Sabha members are permitted to introduce bills on subjects they believe warrant government legislation. With few exceptions, most private member bills are withdrawn after the government responds to the proposed laws.