Archive · 31 Jan 2026
Derek O’Brien on India’s Legal Gaps in Protecting Women’s Rights
Derek O’Brien, a member of parliament, wrote about how some Indian laws do not protect women's rights properly.
He talked about five main issues.
First, the law does not consider rape if a husband forces his wife, which is unfair.
Second, the marriage age is different for men and women, which is not right.
Third, the law can force a woman to live with her husband even if she doesn’t want to.
Fourth, the law punishes young people for having relationships, even if they agree.
Fifth, the law says a man can be punished if he promises marriage to have sex, but this can be unfair too.
O’Brien says these laws need to change to make sure women have the same rights and respect as men.
Indian law exempts marital rape, denying women criminal redress for non-consensual sexual intercourse by their husbands.
The minimum marriage age is 18 for women and 21 for men, which O’Brien argues is unjustified and reinforces inequality.
Restitution of Conjugal Rights can force women back into abusive marriages by compelling them to resume cohabitation.
The POCSO Act criminalises sexual acts involving persons below 18 without requiring proof of non-consent, often affecting consensual adolescent relationships.
The law criminalises sexual intercourse obtained by a false promise of marriage, which can be inconsistently enforced and potentially misused.
- Who
- Derek O’Brien, MP and leader of All India Trinamool Congress Parliamentary Party
- What
- Critique of Indian laws that undermine women’s consent and bodily integrity
- When
- Published in the context of recent communal violence in Manipur
- Where
- India
- Why
- To highlight the need for legal reforms to protect women's rights and dignity
- Marital Rape Exception
- Exempts non-consensual sexual intercourse by a husband from rape definition
- Minimum Marriage Age
- 18 for women, 21 for men
- Restitution of Conjugal Rights
- Allows compelling spouse to resume cohabitation
- POCSO Act
- Criminalises sexual acts involving persons below 18 without requiring proof of non-consent
- False Promise of Marriage
- Criminalises sexual intercourse obtained by false promise of marriage