Shashi Tharoor Proposes Bill to Criminalize Marital Rape
Congress MP Shashi Tharoor introduced a private member's bill in the Lok Sabha on Friday aiming to criminalize marital rape. He emphasized the urgent need to protect women's rights and uphold India's constitutional values.
"Only Yes Means Yes": Tharoor's Stance
During the bill's introduction, Tharoor stressed the importance of shifting from a "No means no" to an "Only yes means yes" standard concerning consent within marriage.
Bill Seeks to Amend Existing Law
Tharoor highlighted on social media that the bill aims to amend the Bharatiya Nyaya Sanhita, specifically removing the exception that currently allows non-consensual sex within marriage.
Key points of Tharoor's argument:
- Every woman deserves bodily autonomy and dignity within marriage.
- Marital rape is a form of violence, not an inherent aspect of marriage.
- The time for legal action is now.
Current Legal Framework and the Proposed Change
The bill addresses Section 63 of the existing law, which currently excludes marital rape as a punishable offense. This exclusion leaves married women without legal protection, perpetuating outdated patriarchal beliefs.
Impact of the Current Law
The bill's statement of objects and reasons highlights the following issues:
- The failure to criminalize marital rape leaves married women legally defenseless.
- It distinguishes married women from unmarried women in terms of legal protection.
- It reinforces the misconception that marriage negates the need for consent.
- It undermines women's fundamental rights to dignity, safety, and bodily autonomy.
The Importance of Bodily Autonomy
The statement further emphasizes that:
- Forcing sex upon a wife disregards her autonomy and perpetuates a culture of control and gender-based violence.
- Factors such as a woman's caste, profession, clothing choices, personal beliefs, or past sexual conduct should never be used to presume consent.
- Such assumptions perpetuate gender-based inequality and violate a woman's fundamental rights and dignity.
Other Bills Introduced
In addition to the marital rape bill, Tharoor also introduced two other private membersโ bills:
- One to amend the Occupational Safety, Health and Working Conditions Code, 2020.
- Another to establish a permanent States and Union Territories Reorganisation Commission.
Private Member Bills: An Overview
Private member bills provide a platform for MPs from opposition parties to propose legislation. However, it's important to note that most such bills are typically withdrawn after government review.
