Congress MP Shashi Tharoor has expressed deep concern over the legal treatment of marital rape in India, calling it a “travesty” that such cases are not taken with the seriousness they deserve. Speaking on Thursday at an event organized by the Prabha Khaitan Foundation in association with the FICCI Ladies Organisation, Tharoor highlighted the glaring gap in India’s otherwise stringent anti-rape laws: they do not extend to husbands.

“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 should be,” Tharoor said. He questioned why husbands are exempted from provisions that recognize rape as a crime, emphasizing that a conjugal relationship cannot be used to justify sexual violence. “If someone does not respect their life partner and rapes her against her wishes while citing conjugal relationship, that is a violation of law and a form of violence against women,” he said.

Tharoor explained that the exemption of marital rape in Indian law is based on an outdated societal assumption—that marriage is a sacred sacrament and that whatever occurs within it cannot be classified as a crime. He argued that such thinking ignores the fundamental rights of women and the principles of bodily autonomy. “We think a proper law against domestic rape is massively necessary in the country,” he asserted, calling the current legal exception “a travesty of justice.”

Last week, Tharoor introduced a private member’s bill in Parliament seeking to amend the Bharatiya Nyaya Sanhita to remove the marital rape exception. The proposed legislation aims to reaffirm that marriage does not negate a woman’s right to grant or withhold sexual consent. According to Tharoor, legal recognition of marital rape is essential to uphold India’s constitutional values and to ensure that women’s rights are protected within marriage.

In a post on X, Tharoor called for a shift in legal and societal understanding of consent, advocating for a move from the principle of “No Means No” to “Only Yes Means Yes.” He stressed that the time for action has arrived, and every woman deserves the fundamental right to bodily autonomy and dignity within marriage—protections that the current legal framework fails to provide.

Tharoor’s remarks and legislative initiative bring renewed attention to an issue long debated in India. Advocates for women’s rights argue that excluding marital rape from the legal definition of rape perpetuates gender inequality and undermines the protection of women against domestic sexual violence. Critics of the current law note that it leaves women vulnerable within their homes, where the majority of sexual violence occurs.

While India’s anti-rape laws have strengthened over the past decades, including amendments to punish aggravated forms of sexual assault, the marital rape exception remains a significant gap. According to legal experts, this exemption is at odds with international human rights standards, which recognize sexual violence within marriage as a criminal offense. Tharoor’s private member’s bill seeks to align Indian law with global norms by clearly criminalizing sexual assault by a spouse without consent.

Speaking further on the issue, Tharoor emphasized the need for societal change alongside legal reform. “Marriage should not be a shield for abuse,” he said. “The law must treat sexual violence within marriage with the same seriousness as outside it. Consent is not voided by the status of being married.”

Tharoor’s intervention is also seen as part of a larger effort to raise awareness about women’s rights and gender equality in India. By bringing the issue to Parliament and engaging with civil society organizations, he hopes to generate momentum for legislative change and public discourse that challenges patriarchal norms.

In addition to legal reform, advocates highlight the importance of awareness campaigns, better reporting mechanisms, and support systems for survivors. Experts note that many women do not report marital rape due to fear of stigma, social pressures, and lack of faith in law enforcement. Removing the marital rape exemption would send a clear signal that domestic sexual violence is unacceptable and punishable under the law.

Tharoor’s stance has already generated debate among lawmakers, legal scholars, and activists. Supporters argue that criminalizing marital rape is a necessary step toward gender justice and equality, while some conservative voices warn that redefining consent within marriage could disrupt traditional notions of family and conjugal rights. Nevertheless, Tharoor remains firm that human rights and constitutional protections must prevail over social convention.

Through his advocacy and legislative efforts, Tharoor aims to place marital rape on the national agenda, emphasizing that legal recognition of this crime is not only a matter of justice for individual women but also a reflection of India’s commitment to gender equality and human dignity. He concluded his remarks by urging lawmakers to act swiftly, stating, “Every woman deserves the right to bodily autonomy and dignity, irrespective of her marital status. It is time for the law to catch up with this basic human principle.”

By addressing marital rape in Parliament and calling for the removal of legal exemptions, Shashi Tharoor has reignited a crucial debate on women’s rights, consent, and the responsibilities of the state to protect its citizens from domestic sexual violence. The initiative is being closely watched by civil society groups, legal experts, and women’s rights advocates, who see it as a pivotal moment for India’s ongoing struggle to ensure gender justice within the family and the broader society.