Shashi Tharoor Condemns India's Failure to Criminalize Marital Rape Despite Democratic Values

Shashi Tharoor expressed shock that India remains among the few democracies where marital rape lacks appropriate legal recognition, despite the country's otherwise stringent anti-rape legislation.

During an event in Kolkata organized by the Prabha Khaitan Foundation in collaboration with the FICCI Ladies Organisation, the senior Congress leader and former diplomat stated, "I am shocked to find that India is one of the few democracies in the world where a husband raping his wife without her consent is not treated with the seriousness it deserves."

Tharoor emphasized that while India has robust anti-rape laws, the exceptions granted to husbands effectively permit marital rape, which fundamentally violates a woman's autonomy. He questioned, "Why should they [husbands] be exempted?"

He further argued that disrespecting one's life partner by forcing non-consensual sexual acts constitutes both a legal violation and violence against women, regardless of marital status.

The current legal framework, according to Tharoor, rests on "an outdated assumption that marriage is a sacred sacrament and that whatever happens within it cannot be classified otherwise." He advocated for comprehensive legislation against domestic rape, expressing disappointment that "even women ministers holding particular portfolios did not look into this aspect" to prevent such abuses.

Tharoor described the exemption as a "travesty" of justice that provides impunity even in situations where couples are separated but not legally divorced.

"A lot of marital rape occurs among couples who are separated but not yet legally divorced. You often see situations where the husband is living separately, yet returns whenever he wishes and forces himself on his wife, and nothing can be done because the law still considers them husband and wife," he explained.

These remarks came during a 'tea-a-tea' session with Tharoor and his sisters, Shobha Tharoor Srinivasan and Smita Tharoor, at GD Birla Sabhagar, responding to a question from a female college student.

Challenging the notion that "marital rape" could be permissible within conjugal marriage, he asserted, "It is not part of conjugal love, it is violence." His call to "stand up for rights of women, which in many ways are being overlooked" received enthusiastic applause from the audience.

When questioned about growing hostility toward Indian immigrants internationally, Tharoor acknowledged that "resentment has become so much more visible, so much overtly hostile." He noted the global trend of xenophobia, adding, "People feel their dreams are being thwarted by people not like them. That hostility is increasing and is also visible in our country."

His advice to young Indians seeking education abroad was clear: "Gain knowledge and then come back. Your city needs you. Your country needs you."

Tharoor credited his sisters and family for providing "tremendous emotional support to negotiate through the rough tumble of political life," while emphasizing the importance of authenticity: "The most important thing is to be true to oneself, to watch your values, your capabilities."

"I always said there is no point in being a cookie-cutter politician. I believe and stand by my politics, my ideas, my values. Even if my values are not palatable, I never flinch. I never said anything I did not believe in," he affirmed.

Addressing perceptions about his vocabulary, Tharoor remarked, "I like to think I am a communicator with people and there is no point in communicating if they don't understand you." On whether he maintains diplomatic restraint at home, he quipped, "I won't say I am diplomatic at home," explaining that private settings don't require the same careful adherence to party lines expected in public life.