Archive · 22 Dec 2025
Marital Rape Debate and India's Rape Law Trajectory
There's a big discussion in India about whether marital rape should be a crime.
A lawmaker named Shashi Tharoor introduced a bill to make it illegal.
Some people support this idea, while others, like men's rights groups, say it could harm families.
This debate is happening because of a long history of rape laws in India.
A long time ago, the laws were unfair to women, and a famous case called the Mathura Rape Case showed how these laws needed to change.
Over the years, laws have been updated to better protect women, but some people still think more needs to be done.
The current law still doesn't consider marital rape a crime, which some people think is unfair.
Congress MP Shashi Tharoor introduced a private member’s bill in the Lok Sabha to criminalize marital rape.
The Justice J S Verma Committee report (2013) recommended criminalizing marital rape, but it has not been implemented.
Men’s rights activist groups oppose criminalizing marital rape, claiming it will destroy the Indian family system.
Historical rape laws in India, introduced by the British in 1860, reflected colonial notions of morality and chastity, with women seen as objects and their consent given little importance.
The Mathura Rape Case (1972) highlighted the limitations of colonial-era rape jurisprudence and led to significant reforms in Indian rape laws.
- Who
- Congress MP Shashi Tharoor, Justice J S Verma Committee, Men’s rights activist groups, Women’s rights organizations, Rituparna Patgiri
- What
- Debate on criminalizing marital rape in India, historical and current legal framework of rape laws in India
- When
- Bill introduced during the Winter Session of Parliament, Mathura Rape Case in 1972, Justice J S Verma Committee report in 2013
- Where
- India, specifically focusing on legal and social debates in the country
- Why
- To examine the trajectory of Indian rape laws within its historical debates and socio-political context, and to understand the current debate on criminalizing marital rape
- Bill Introduced By
- Congress MP Shashi Tharoor
- Bill Type
- Private member’s bill
- Bill Introduced In
- Lok Sabha
- Bill Session
- Winter Session of Parliament
- Committee Recommendation
- Justice J S Verma Committee report (2013)
- Opposition Groups
- Men’s rights activist groups
- Key Historical Case
- Mathura Rape Case (1972)
- Legal Amendment
- Criminal Law Amendment Act, 1983
- Current Law
- Bharatiya Nyaya Sanhita (BNS), 2023
- Author
- Rituparna Patgiri