Challenging Marital Rape Exception: A Fight for Equality

Trinamool Congress leader Derek O'Brien introduced a bill in Rajya Sabha to eliminate the marital rape exception under Section 63 of the Bharatiya Nyay Samhita. The bill aims to align India's laws with international norms, ensuring that marital rape is recognized as a criminal offense.

In a significant move to ensure gender equality, Trinamool Congress leader Derek O'Brien has introduced a private member's bill in the Rajya Sabha. The proposed legislation seeks to eliminate the marital rape exception under Section 63 of the Bharatiya Nyay Samhita (BNS), which undermines women's autonomy.

Current law, derived from Section 375 of the Indian Penal Code, fails to classify non-consensual intercourse by a husband with his wife, over 18, as rape. O'Brien's bill argues this loophole violates women's rights, referencing recommendations from various legal and international bodies.

The bill asserts that recognizing marital rape aligns with international treaties and domestic obligations, highlighting provisions such as Article 21 of the Indian Constitution and the Protection of Women from Domestic Violence Act, 2005. It calls for legal reform to promote justice and gender equality in India.

(With inputs from agencies.)