‘Only yes means yes’: Shashi Tharoor introduces bill to criminalise marital rape in Lok Sabha

New Delhi: Congress MP Shashi Tharoor introduced a private member's bill in the Lok Sabha on Friday to criminalise marital rape and asserted that India must uphold its constitutional values and move from "no means no" to "only yes means yes".

Tharoor also introduced two other private member's bills in the Lower House of Parliament -- to amend the Occupational Safety, Health and Working Conditions Code, 2020 and establish a State and Union Territories Reorganisation Commission to recommend the reorganisation of states and Union territories to the Centre.

In a post on X, the MP from Kerala's Thiruvananthapuram said criminalising marital rape is an urgent necessity in India's legal framework and introduced his private member's bill to amend the Bharatiya Nyaya Sanhita (BNS) and remove the marital rape exception, reaffirming that marriage cannot negate a woman's right to grant or deny 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 not about marriage but about violence. The moment for action has arrived," he said.

The statement of objects and reasons of the bill said the criminalisation of marital rape is an urgent necessity in India's legal framework.

"Currently, Section 63 of the Bharatiya Nyaya Sanhita, 2023, excludes marital rape from being a punishable offence, allowing men to engage in non-consensual sex with their wives, provided the wife is not under 18 years of age," it said.

This outdated legal exception is rooted in patriarchal notions that view wives as property -- a remnant of colonial-era mindsets -- the statement added.

"This failure to criminalise marital rape has left married women legally defenceless, distinguishing them from unmarried women and perpetuating the misconception that marriage voids the necessity of consent. This undermines women's fundamental rights to dignity, safety and bodily autonomy," it further said.

"Allowing a husband to force sex upon his wife disregards her autonomy and perpetuates a culture of control and gender-based violence.... Similarly, factors unrelated to a woman's autonomy, such as her caste, profession, clothing choices, personal beliefs or past sexual conduct, should never be used to presume her consent. Such assumptions not only perpetuate gender-based inequality but also violate her fundamental rights and dignity. They must be unequivocally rejected," the statement said.

In another post on X, Tharoor said his private member's bill to establish a permanent States and Union Territories Reorganisation Commission has been brought to ensure that any future creation or alteration of states and Union territories is guided by objective data (including data from the census), clear definitions, administrative efficiency, economic viability, national unity and the will of the people.

According to the statement of objects and reasons of the bill, the constant bifurcation and reorganisation of states confirms that such issues shall be omnipresent in a country of such diversity.

"It is pertinent to create a mechanism for reorganisation of states that takes into account economic and financial viability, administrative efficacy, unity of the nation, cultural history, attitude of the people and so on. A pre-planned consistent study of reorganisation of states on the basis of these factors will ensure informed decision-making that will lead to efficient, stable units rather than knee-jerk reactions," it said.

"Keeping true to the words of (Jawaharlal) Nehruji, it will be an objective and dispassionate process for the welfare of both the people and the country," it added.

Highlighting his third private member's bill to amend the Occupational Safety, Health and Working Conditions Code, 2020, Tharoor said on X that with 51 per cent of India's workforce clocking more than 49 hours a week and 78 per cent experiencing a burnout, tragically exemplified by the death of young Anna Sebastian Perayil, it is clear that overwork is harming the physical and mental health of the country's professionals.

The bill seeks to limit working hours, legally secure the right to disconnect and establish robust grievance and mental-health support systems to promote a healthier, more sustainable workforce, the former Union minister said.

According to the statement of objects and reasons of the bill, incorporating legal protections for work-life balance, the "right to disconnect" and limiting working hours will together constitute a holistic and vigorous approach towards improving the workplace environment in the country.

"By focussing on the well-being of employees, both their physical and mental health will improve, creating a more sustainable and productive workforce for the future of India. Hence this Bill," it said.

Lok Sabha and Rajya Sabha members are allowed to introduce bills on subjects on which they think the government should bring a law. Barring a few cases, most of the private member bills are withdrawn after the government replies on the proposed laws.