To: The Hon’ble President of India, The Hon’ble Chief Justice of India, The Hon’ble Members of Parliament, and The National Commission for Women

Subject: Urgent Appeal to Criminalize Marital Rape & Establish Gender-Neutral Sexual Violence Laws in India

Respected Authorities,

We, the undersigned, urge you to take immediate action in overturning the recent Chhattisgarh High Court verdict and criminalizing marital rape under Indian law. The existing legal framework fails to protect individuals from sexual violence within marriage, violating the fundamental right to life, dignity, and bodily autonomy enshrined in Article 21 of the Constitution.

Why Criminalization is Necessary:

• India’s Legal Contradiction – While Section 375 of the IPC defines rape as non-consensual sex, Exception 2 states: “Sexual intercourse by a man with his wife, the wife not being under eighteen years of age, is not rape.” This deprives married individuals of the same protection granted to unmarried individuals.
• Global Precedent – Over 150 countries, including the UK, US, Canada, France, and Nepal, have criminalized marital rape. India, as the world’s largest democracy, cannot lag behind in recognizing this basic human right.
• Impact on Survivors – The absence of legal recourse traps individuals in abusive marriages, making them more vulnerable to repeated assaults and mental trauma. Research shows that victims of marital rape experience severe PTSD, depression, and suicidal ideation.

Addressing Concerns of Misuse:
We acknowledge the concerns regarding false allegations, and therefore propose:

• Due process protections, including a robust investigation mechanism.
• Severe punishment for false claims, ensuring justice for all genders.
• A gender-neutral approach, recognizing that any individual—man, woman, or LGBTQ+—can be a victim or a perpetrator of sexual violence.

Call to Action:

• Amend Section 375 of the IPC – Remove the exception for marital rape and recognize consent as a fundamental right, regardless of marital status.
• Strict Punishments for Sexual Crimes Against All Genders – Rape laws must be gender-neutral and protect every individual, irrespective of their identity.
• Safeguards Against Misuse – Establish a structured framework ensuring fair trials, medical evidence, and witness testimony to prevent frivolous cases.
• Sensitization & Awareness – Train law enforcement and judiciary to handle marital rape cases with the same urgency as other sexual violence cases.

Significance of This Petition:

Criminalizing marital rape is not just about punishing perpetrators—it is about recognizing that marriage does not grant ownership over a partner’s body. 

Consent is not gendered. NO means NO—whether it is a woman, a man, a child, or an LGBTQ individual.

The recent Chhattisgarh High Court judgment, which upheld the exception protecting marital rape, is a serious violation of human rights. It sets a dangerous precedent that normalizes sexual violence within marriage. We demand immediate intervention from the Supreme Court, Parliament, and the NCW to rectify this injustice.

We Need You.

Every signature strengthens this movement. Sign, share, and demand change.

Your voice matters—let’s ensure it is heard.

#CriminalizeMaritalRape #NoMeansNo #JusticeForSurvivors