Tharoor's Bill: Criminalizing Marital Rape, Upholding Consent

• Congress MP Shashi Tharoor introduced a private member's bill to criminalize marital rape in India, seeking to remove the existing exception in the Bharatiya Nyaya Sanhita (BNS).
• The bill defines marital rape as a husband forcing sex without explicit, free, and revocable consent, asserting that marriage does not diminish a wife's dignity or right to bodily autonomy.
• The current marital rape exception is a colonial legacy, which the bill argues is inconsistent with recent Supreme Court decisions on privacy, bodily autonomy, and equality.
• Supporters emphasize constitutional rights (Articles 14 & 21) and international treaties, while opponents express concerns about false complaints and the institution of marriage.
• Most countries globally have criminalized marital rape, and India would face challenges in training law enforcement and judiciary, and establishing clear investigative guidelines if the law changes.

Why It Matters: India's marital rape bill redefines consent, ensuring married women's bodily autonomy and equality.