Bill to Criminalize Marital Rape Introduced in Lok Sabha: A Historic Step Towards Bodily Autonomy and Gender Justice
- ByAdmin --
- 15 Apr 2025 --
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In a significant legislative move that could reshape India’s approach to women’s rights and personal liberty, a Private Member’s Bill seeking to criminalize marital rape was introduced in the Lok Sabha in April 2025. Titled the Protection of Women Against Sexual Violence in Marriage Bill, 2025, the legislation proposes an amendment to Section 375 of the Indian Penal Code (IPC), which currently exempts non-consensual sex within marriage from being classified as rape.
If passed, the bill will overturn a colonial-era exception that has long drawn criticism from legal scholars, human rights activists, and international observers, making India one of the last major democracies to hold on to this exemption.
Current Legal Landscape: The Marital Rape Exception
Under Section 375 of the IPC, rape is defined as non-consensual sexual intercourse. However, Exception 2 to the section explicitly states:
“Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
This exemption effectively legalizes non-consensual sex within marriage, ignoring the reality that consent is not automatic by virtue of marriage. While courts have occasionally addressed related issues under the lens of cruelty or domestic violence, marital rape remains outside the scope of criminal prosecution in India.
What the Bill Proposes
The Protection of Women Against Sexual Violence in Marriage Bill, 2025 seeks to:
1. Delete Exception 2 under Section 375
- By removing the marital exemption, all non-consensual sex would be treated as rape, regardless of the relationship between the perpetrator and the survivor.
2. Introduce Safeguards
- Recognizing fears of misuse, the bill includes:
- In-camera trials to protect privacy
- A cooling-off mediation period before FIR registration, in select cases where both parties agree
- Provision for false accusation penalties, subject to court approval
- In-camera trials to protect privacy
3. Provide Civil Remedies
- In addition to criminal action, the bill proposes:
- The right to seek compensation and marital protection orders
- Mandatory counselling services for both parties
- The right to seek compensation and marital protection orders
The Rationale Behind the Bill
The bill was introduced by MP Anjali Deshmukh (Independent), who cited growing international and domestic pressure to recognize consent within marriage as essential and inviolable.
In her speech to the House, she stated:
“A marriage license is not a license to violate. In a country that speaks of Beti Bachao, we must also speak of Beti ki Marzi.”
She also pointed out that:
- More than 100 countries have criminalized marital rape
- Indian courts, including the Delhi High Court (in its 2022 split verdict), have acknowledged the issue but left it to the legislature
- The Justice Verma Committee (2013) had strongly recommended removing the exemption, but its advice was not acted upon
Public and Legal Reaction
The introduction of the bill has sparked intense debate, as expected.
Supporters argue:
- Consent cannot be assumed within marriage
- Marital rape destroys physical and psychological well-being and violates fundamental rights under Articles 14 (equality), 19 (freedom), and 21 (dignity and life)
- The current law denies justice to thousands of women trapped in abusive marriages
Human rights organizations, women’s collectives, and several legal scholars have welcomed the bill as a long-overdue correction to a patriarchal legal flaw.
Critics express concerns about:
- Potential misuse in matrimonial disputes
- Threats to the institution of marriage, with fears of false or vengeful allegations
- Overlapping of criminal law with civil matrimonial issues
Some lawmakers have suggested a cautious, calibrated approach, proposing pilot implementation, safeguards, and periodic reviews.
Judicial Context
The issue is also pending before the Supreme Court, where a batch of petitions challenging the constitutionality of the marital rape exemption is being heard. The Court has indicated that legislative intent will be key, and this bill may significantly influence its final verdict.
Earlier, the Justice Verma Committee, constituted after the 2012 Nirbhaya case, had made a powerful recommendation to criminalize marital rape. However, political reluctance and societal conservatism have kept the issue shelved for over a decade.
Global Perspective
India is one of a small minority of countries that still retain the marital rape exemption, placing it in contrast with nations such as:
- United Kingdom (criminalized in 1991)
- Nepal (2002)
- South Africa (1993)
- Bhutan, Canada, Australia, and most of Latin America
International bodies including the United Nations, Human Rights Watch, and Amnesty International have consistently urged India to act.
Towards Consent in Every Corner
The introduction of the bill to criminalize marital rape is not merely a legal amendment — it is a moral and societal reckoning. It challenges the age-old notion that marriage implies permanent consent, and recognizes that autonomy and dignity must exist within every relationship, even the most intimate ones.
Whether the bill becomes law or not, its introduction marks a crucial shift — in language, in courage, and in the definition of justice for Indian women.
India now stands at a crossroads: to either uphold the right to consent within marriage, or to continue denying its women full protection under the law.
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