Shashi Tharoor calls for scrapping marital rape exception after Bihar case

New Delhi: Senior Congress leader and MP Shashi Tharoor on Monday expressed deep concern over a shocking case that has emerged from Bihar. In this case, a man has been arrested for allegedly raping his wife along with one of his associates. Tharoor said that this incident has made it clear that the ‘marital rape exception’ in Indian law must now be abolished. Shashi Tharoor said that this case from Patna shows how the existing law protects the husband even in extremely cruel circumstances.

Husband not accused of rape under the law

Tharoor wrote on the social media platform ‘X’ that those who oppose his initiative on marital rape should understand how the accused in this heinous crime can escape simply because he didn't even bother to get a divorce after abandoning his wife. Under the law, he cannot be considered an accused of rape because he is still her husband, even though his second marriage is itself illegal. He said that this exposes a major flaw in the existing rape law and the marital rape exception should be abolished.

The case Tharoor referred to

This case has come to light from Patna, the capital of Bihar, where a woman has accused her husband and his friend of gang rape. Based on the victim's complaint, the police have arrested the husband, while the other accused is still absconding. The police are continuously conducting raids to arrest him. According to police officer Anu Kumari, Secretariat SDPO-1, the arrested accused is being interrogated, but he is trying to mislead the police regarding his absconding accomplice. Raids are being conducted at possible hideouts and the other accused will also be arrested soon. Strict legal action will be taken against the accused after the investigation. Husband Rapes Wife with the Help of a Friend

According to the victim, the incident occurred on the night of August 11, 2024, at around 3:30 AM. She was sleeping at home with her two young children when her estranged husband broke the lock and entered the house with a friend. The woman alleges that the two men forcibly raped her. She also stated that her husband filmed the entire incident and threatened to set the house on fire if she resisted. When she raised an alarm, the two accused fled, taking her mobile phone and 7,000 rupees in cash.

Husband had remarried

During questioning, the accused husband allegedly confessed that he had been married for about 10 years, but the relationship deteriorated after a few years. He then remarried. When his first wife found out and protested, the accused allegedly committed the crime out of revenge. Meanwhile, the police are searching for the absconding accused, and the investigation is ongoing.

Demand to remove the marital rape exception

It is noteworthy that this month, Shashi Tharoor introduced a private member's bill to amend the Bharatiya Nyaya Sanhita (BNS), seeking to remove the marital rape exception. He stated that marriage cannot extinguish a woman's right to consent or refuse. According to Tharoor, declaring marital rape a crime is an urgent need of India's legal system. India should move beyond "No means no" to "Only yes means yes," and every woman should have the fundamental right to bodily autonomy and dignity, even within marriage.