Senior Congress MP Shashi Tharoor has reignited a national conversation on women’s safety and legal protections in India, emphasising that economic achievement means little if girls and women are unsafe at home, in educational institutions, workplaces, or public spaces.

At multiple public events and in Parliament, Tharoor urged structural change including the criminalisation of marital rape arguing that current laws and societal norms fail to secure women’s rights and dignity. He has introduced private member’s bills aiming to amend the Bharatiya Nyaya Sanhita (BNS) to remove the marital rape exception and uphold consent as paramount.

While the government acknowledges concerns about women’s safety, it has defended existing legal frameworks and raised questions about implementation and broader cultural change. Activists, civil society groups, and legal experts have largely welcomed Tharoor’s push but noted that deeper reform and enforcement are needed to transform public safety and gender justice in India.

Marital Rape And Legal Reform

At the centre of the renewed debate is Tharoor’s introduction of a private member’s bill in the Lok Sabha to criminalise marital rape by removing the exception in Section 63 of the BNS, which currently exempts a husband from punishment for non-consensual sex with his wife over 18.

Tharoor insists that “marriage cannot negate a woman’s right to grant or deny consent” and that the law must reflect the fundamental right to bodily autonomy and dignity.

In a statement accompanying the bill, Tharoor wrote that India must move from a “No Means No” framework to “Only Yes Means Yes”, stressing that forced sex within marriage should be recognised unequivocally as violence rather than treated as a private matter. He underscored that retaining legal immunity for marital sexual violence is a relic of colonial-era thinking and perpetuates gender inequality.

Tharoor’s move builds on longstanding advocacy by women’s rights organisations calling for marital rape to be criminalised as part of women’s fundamental rights a reform that has been debated in courts and among activists for years.

Most democracies already treat marital rape as a punishable offence, and India remains one of the few exceptions, a point Tharoor highlighted at a recent event where he said he was “shocked” that India still does not treat marital rape with the seriousness it deserves.

Government officials, while acknowledging the importance of women’s safety, have taken a more cautious stance. In Parliament, some members have defended the existing legal framework, arguing that laws like the Domestic Violence Act already provide protections and that broader societal attitudes must evolve alongside legal reform. They also point to concerns about misuse and practical implementation challenges, recognising that criminal law must balance rights, safeguards, and due process.

Legal experts point out that criminalising marital rape involves not just changing statutory language but also ensuring police training, judicial understanding of consent, and culturally sensitive enforcement. They emphasise that without these systems in place, women may continue to face barriers even after legislative changes.

Women’s Safety: Reality And Perception

Tharoor has framed his comments within a broader concern that India’s image as an unsafe place for women affects not only residents but also its reputation globally, including tourism and investment. He has urged more female law-enforcement officials, improved infrastructure and greater public awareness to change both perception and reality.

Women’s safety remains a persistent issue in India, with recurring reports of harassment, assault and violence in public and private spaces sparking widespread public debate. Civil society organisations note that while laws against rape and sexual assault have been strengthened over the last decade, implementation gaps, low conviction rates, and societal stigma continue to undermine women’s ability to seek justice.

Recent discussions on social platforms reflect a wide range of public opinion. Some argue that criminalising marital rape is an overdue step toward gender equality and justice; others express concerns about potential misuse of such laws or call for clear procedural safeguards. These debates illustrate the complexity of balancing legal reform with societal attitudes and individual rights and highlight why the issue resonates deeply with many citizens.

Moreover, according to some studies shared in public discourse, a significant percentage of women who experience sexual violence identify current or former husbands as the perpetrators underscoring the argument for more robust legal protections.

Systemic Gaps In Women’s Safety

Experts and activists argue that criminalisation alone cannot guarantee safety without systemic changes across law enforcement, judiciary, health services, and educational institutions. This includes training police to handle sensitive cases, ensuring strict evidence protocols, and enabling women to report incidents without fear of stigma or bias.

There are also calls for broader cultural transformation. Many emphasise that true safety for women requires addressing deep-rooted patriarchal myths, expanding gender sensitisation across communities, and strengthening economic and social independence for girls and women. Government campaigns, public education efforts, and community leadership are seen as crucial complements to legal reforms.

Opposition leaders and social activists have largely welcomed Tharoor’s push as a critical step, with some urging political parties across the spectrum to work together on this issue. They argue that women’s safety and legal protections should transcend partisan divides, given their fundamental connection to human rights and dignity.

The Logical Indian’s Perspective

At The Logical Indian, we believe that the measure of a nation’s progress is not its GDP ranking but the safety, dignity and fundamental freedoms of its citizens. Shashi Tharoor’s renewed focus on criminalising marital rape and amplifying concerns about women’s safety highlights a critical fault line in India’s legal and social architecture.

True reform demands not just legal amendments but also societal introspection, empathetic enforcement and sustained education. We uphold peace, dialogue, and empathy as essential to advancing gender justice, and we call on institutions, citizens, and policymakers to engage constructively.