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HomeNationShashi Tharoor Introduces Bill To Criminalise Marital Rape, Calls For Shift

Shashi Tharoor Introduces Bill To Criminalise Marital Rape, Calls For Shift

New Delhi: Congress MP Shashi Tharoor on Friday introduced a private member’s bill in the Lok Sabha seeking the criminalisation of marital rape, asserting that India must uphold constitutional values and adopt a progressive understanding of consent—moving from “no means no” to “only yes means yes”.

Tharoor also introduced two additional private member’s bills: one to amend the Occupational Safety, Health and Working Conditions Code, 2020, and another to establish a permanent States and Union Territories Reorganisation Commission to guide the structural reorganisation of states in the future.

On X (formerly Twitter), the Thiruvananthapuram MP said criminalising marital rape is an “urgent necessity” in India’s legal framework. His proposed amendment to the Bharatiya Nyaya Sanhita (BNS) seeks to eliminate the marital rape exception, reaffirming that marriage cannot override a woman’s right to 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 about violence, not marriage. The moment for action has arrived,” Tharoor said.

‘Outdated, Patriarchal Exception Must Go’

The bill’s statement of objects and reasons underscores the urgency of the reform, noting that Section 63 of the Bharatiya Nyaya Sanhita, 2023, still excludes marital rape from punishment unless the wife is under 18.

According to the bill, this exception is rooted in “patriarchal, colonial-era notions” that treated wives as property—a mindset that undermines women’s autonomy and places married women at a legal disadvantage compared to unmarried women.

“This failure to criminalise marital rape has left married women legally defenceless and perpetuated the misconception that marriage nullifies the need for consent,” the statement says. Factors such as caste, profession, clothing, personal beliefs, or past sexual conduct, it adds, must never be used to presume consent.

Bill on States Reorganisation Commission

In another post on X, detailed his second private member’s bill, which proposes establishing a permanent States and Union Territories Reorganisation Commission.

He argued that India’s ongoing and frequent reorganisation of states necessitates a systematic, data-driven mechanism.

The bill states that reorganisation decisions must consider economic viability, administrative efficiency, cultural history, unity of the nation, and the will of the people. A constant, pre-planned study of these factors would, the bill says, prevent “knee-jerk reactions” and ensure stable and efficient administrative units.

Quoting Jawaharlal Nehru, the bill calls for an “objective and dispassionate process” that prioritises both national welfare and citizens’ interests.

Bill to Strengthen Workplace Safety and Limit Overwork

Tharoor’s third bill seeks amendments to the Occupational Safety, Health and Working Conditions Code, 2020, highlighting alarming levels of overwork in India.

He noted that 51% of India’s workforce clocks over 49 hours a week, while 78% report burnout—a trend tragically underscored by the death of young professional Anna Sebastian Perayil, whose case sparked nationwide conversations on work culture.

The proposed amendments aim to:

Limit maximum weekly working hours,

Legally enforce the right to disconnect, and

Establish strong mental-health and grievance redressal mechanisms.

According to the bill, improved work-life balance and a focus on employee well-being would lead to a “more sustainable and productive workforce” vital for India’s future growth.

Private Member’s Bills Rarely Become Law

Both Lok Sabha and Rajya Sabha members may introduce private member’s bills on subjects they believe require government action. However, such bills are rarely passed and are typically withdrawn after the government responds to the proposals.

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