Challenging Marital Rape Exception in India's Legal System

The Bharatiya Nyaya Sanhita's marital rape exception implies that a woman's consent is insignificant in marriage. TMC leader Derek O'Brien introduced a bill to scrap this exception, highlighting its violation of women's rights. This legal legacy fuels discrimination, necessitating reforms for gender equality.


Devdiscourse News Desk | New Delhi | Updated: 12-02-2025 16:15 IST | Created: 12-02-2025 16:15 IST
Challenging Marital Rape Exception in India's Legal System
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  • India

A heated debate ensues over the archaic exception for marital rape present in the Bharatiya Nyaya Sanhita, which suggests that a woman's consent becomes irrelevant post-marriage. TMC leader Derek O'Brien emphasized on Wednesday the affront this exception poses to women's rights.

Derek O'Brien, a prominent TMC leader, has strongly opposed the marital rape exception in a new private member's bill. The exception, he argues, violates women's constitutional rights, including personal liberty, equality, and privacy. Many opposition MPs have voiced their dissent against this perceived injustice.

O'Brien has described the exception as a vestige of patriarchal colonial systems, undermining women's autonomy in favor of outdated beliefs. The continued existence of this exception fuels gender-based discrimination. The call for legal reform has never been more urgent to establish dignity and equal rights for women in India.

(With inputs from agencies.)

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