Debate Ignited Over Shashi Tharoor's Bill on Marital Rape in India

In the Lok Sabha, Congress MP Shashi Tharoor has introduced a private bill aimed at categorizing marital rape as a criminal offense, sparking a debate that challenges the fundamental structure of Indian society. Tharoor argues that within marriage, 'no' should mean 'no,' and women's bodily autonomy must be recognized as an absolute right. While this assertion may sound progressive, the implications and social consequences it carries are far more complex and potentially explosive. Given that the matter is currently under consideration by the Supreme Court, and the central government has repeatedly warned that such legislation could severely destabilize the institution of marriage, the timing of this bill appears hasty and somewhat politically opportunistic.

Marriage is regarded as one of the most enduring social institutions in India. It transcends mere legal contracts, embodying emotional bonds, familial responsibilities, and serving as a cornerstone of social structure. Reducing issues arising within such relationships to the harsh terminology of rape is not only insensitive but also threatens to unravel the fabric of our society. To suddenly thrust a relationship, which is fundamentally based on communication, understanding, dedication, and mutual trust, into the realm of law enforcement transforms marital life into a dialogue of crime. Classifying disagreements or tensions between spouses under stringent laws like Section 63 could create an environment where police intervention, arrests, and court dates become commonplace in every marital dispute. Is this the future our society aspires to?

The critical question arises: does this bill genuinely serve women's interests? Proponents argue that it expands women's rights, yet the reality is far more severe and concerning. India already has robust laws against domestic violence, dowry harassment, cruelty, and sexual assault. Adding marital rape to this list may complicate the justice process further. Implementing a definition of 'consent' in private marital life, where police and courts determine which moments were consensual, is not only absurd but also perilous. This could place every normal fluctuation in domestic life, every misunderstanding, and every emotional moment under the lens of 'crime.'

Regarding the government's affidavit submitted to the court, it states that repealing Exception 2 of Section 375 of the Indian Penal Code could have far-reaching effects on the institution of marriage, should sexual relations between a husband and wife be deemed punishable as 'rape.' The affidavit warns that this could significantly impact marital relationships and create serious disruptions within the institution of marriage. The government also highlighted the potential for misuse of revised provisions in a rapidly evolving social and familial landscape, as it would be challenging for individuals to prove whether consent was given. While it is acknowledged that a husband does not possess a fundamental right to violate his wife's consent, linking the nature of 'rape' to the institution of marriage is deemed excessively harsh and therefore inconsistent.

Now, let’s consider the mindset of those petitioners who wish to create disputes between couples. The first question is, what exactly constitutes marital rape? By associating such a heinous term with the sacred bond of marriage, there seems to be an attempt to dismantle the Indian family structure. A closer look at the individuals advocating for this reveals many leftists who have little faith in the Indian social system or those whose own marriages have failed. These individuals often seek to perpetuate unrest and dissatisfaction within society, which is why they push for such demands. Notably, Shashi Tharoor, who has introduced this bill, has a history of multiple marriages, and the fate of his late wife, Sunanda Pushkar, is well-known.

Imagine if this law were enacted, making it a crime to engage in physical relations without the wife's consent. How many families could be on the brink of collapse? If a wife were to file a case against her husband for forced relations under this law, what would ensue? Neighbors and relatives would inevitably inquire about the situation. As police document the woman's statement, what questions would they pose? It is evident that there is no need for police presence in a couple's bedroom to prevent coercion. The focus should be on education and awareness campaigns. Love and mutual respect between spouses cannot be mandated by law or fear. Furthermore, are there enough police officers to handle such cases? Are courts prepared to bear the burden of these cases? Consider whether families could remain united after such incidents, or if they would lead to depression, loneliness, and even suicidal tendencies.

There is no denying that women face domestic violence and sexual harassment, which is absolutely intolerable. It is also true that marriage does not mean a woman relinquishes all her desires to her husband. However, women can still seek justice against any wrongdoing or forced sexual acts by approaching the police or courts. Both central and state governments, along with local police stations, have established helplines for women to report abuse or any crimes promptly. Given this context, is there a need to define marital rape and categorize it as a crime? This seems more like a conspiracy to tarnish and dismantle the institution of marriage in India. It is also worth noting that those advocating for such demands often question why women observe rituals like Karva Chauth or fast for the longevity and prosperity of their children. These leftists have long dismissed Indian cultural and familial traditions as mere pretense, so what more can be expected from them?

Ultimately, there is no doubt that for Indian society to progress rapidly and sustainably, we must empower women, safeguard their rights, and uphold their dignity and self-respect. As the saying goes, 'Where women are honored, there the gods are pleased.'