Criminalize marital rape in India

Recent signers:
Ulkka Uchhamana Gir and 19 others have signed recently.

The Issue

Criminalize Marital Rape in India - Consent Doesn't End at the Wedding!

India passed a brand-new criminal law in 2023 — the Bharatiya Nyaya Sanhita — and still chose to keep the marital rape exception. This wasn't a colonial-era oversight. This was a deliberate decision made in 2023 by our lawmakers that a husband cannot be prosecuted for raping his wife.

That means a woman can be violated by her own husband, go to the police, and be told: The law doesn't protect you here.

This isn't about culture or tradition. It's about a basic, non-negotiable right — the right to say no. That right doesn't disappear because you're married. Consent is not a one-time transaction signed at a wedding.

The Supreme Court of India is currently hearing petitions challenging this exception. MP Shashi Tharoor has introduced a bill to remove it. The legal momentum is there — but it needs public pressure to back it.

We are urging the Indian Parliament and the Supreme Court to remove the marital rape exception from the BNS 2023 immediately. Every woman deserves equal protection under the law. Every woman's consent matters. Every time.

Sign this. Share this. Make some noise.

In India, the Bharatiya Nyaya Sanhita (BNS) 2023 still includes a provision that exempts marital rape from criminal charges, which is a gross violation of human rights. The absence of legal protection for women against marital rape not only disregards the fundamental right to consent but also upholds an archaic belief that marriage equates to perpetual consent.

I personally feel the urgent need to address this issue because every woman deserves equal protection under the law, irrespective of her marital status. It is painful to know that so many women are suffering in silence, unable to seek justice simply because of a legislative loophole that disregards their autonomy and dignity.

Globally, many countries have recognized marital rape as a crime, recognizing that consent does not become irrelevant upon marriage. According to the United Nations, approximately 25% of women in some countries report having been subjected to sexual abuse by an intimate partner. This grim statistic underlines the necessity for protective legal frameworks that guard against such violations.

Removing the marital rape exception from the BNS 2023 would mark a vital step toward equality, signaling that India values the rights and safety of women. It would offer much-needed support and relief to countless women who live in fear and silence. Implementing such change would also align India's legal stance with growing global standards for women's rights.

It's crucial that the government acknowledges the contemporary understanding of marriage as a partnership of equals, where consent is necessary and ongoing. The legal recognition of marital rape will not only empower women but also contribute to healthier marriages, grounded in mutual respect and true consent.

Join me in urging the Indian government to remove the marital rape exception from the BNS 2023. Sign this petition to stand in solidarity with women everywhere who believe in the fundamental right to consent.

avatar of the starter
Bhavya KokariaPetition Starter

48

Recent signers:
Ulkka Uchhamana Gir and 19 others have signed recently.

The Issue

Criminalize Marital Rape in India - Consent Doesn't End at the Wedding!

India passed a brand-new criminal law in 2023 — the Bharatiya Nyaya Sanhita — and still chose to keep the marital rape exception. This wasn't a colonial-era oversight. This was a deliberate decision made in 2023 by our lawmakers that a husband cannot be prosecuted for raping his wife.

That means a woman can be violated by her own husband, go to the police, and be told: The law doesn't protect you here.

This isn't about culture or tradition. It's about a basic, non-negotiable right — the right to say no. That right doesn't disappear because you're married. Consent is not a one-time transaction signed at a wedding.

The Supreme Court of India is currently hearing petitions challenging this exception. MP Shashi Tharoor has introduced a bill to remove it. The legal momentum is there — but it needs public pressure to back it.

We are urging the Indian Parliament and the Supreme Court to remove the marital rape exception from the BNS 2023 immediately. Every woman deserves equal protection under the law. Every woman's consent matters. Every time.

Sign this. Share this. Make some noise.

In India, the Bharatiya Nyaya Sanhita (BNS) 2023 still includes a provision that exempts marital rape from criminal charges, which is a gross violation of human rights. The absence of legal protection for women against marital rape not only disregards the fundamental right to consent but also upholds an archaic belief that marriage equates to perpetual consent.

I personally feel the urgent need to address this issue because every woman deserves equal protection under the law, irrespective of her marital status. It is painful to know that so many women are suffering in silence, unable to seek justice simply because of a legislative loophole that disregards their autonomy and dignity.

Globally, many countries have recognized marital rape as a crime, recognizing that consent does not become irrelevant upon marriage. According to the United Nations, approximately 25% of women in some countries report having been subjected to sexual abuse by an intimate partner. This grim statistic underlines the necessity for protective legal frameworks that guard against such violations.

Removing the marital rape exception from the BNS 2023 would mark a vital step toward equality, signaling that India values the rights and safety of women. It would offer much-needed support and relief to countless women who live in fear and silence. Implementing such change would also align India's legal stance with growing global standards for women's rights.

It's crucial that the government acknowledges the contemporary understanding of marriage as a partnership of equals, where consent is necessary and ongoing. The legal recognition of marital rape will not only empower women but also contribute to healthier marriages, grounded in mutual respect and true consent.

Join me in urging the Indian government to remove the marital rape exception from the BNS 2023. Sign this petition to stand in solidarity with women everywhere who believe in the fundamental right to consent.

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Bhavya KokariaPetition Starter
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Petition created on 15 March 2026