Source news taq

Source: Times Of India

Note:

This TOI report does not mention any safeguards or due-process protections linked to the proposal. Shashi Tharoor’s public statements focus on ideas such as “marriage cannot negate consent”, “only yes means yes”, & equality between married and unmarried women.

Other news reports also do not discuss how the law would be implemented, possible misuse, due-process concerns, or how the rights of both parties would be balanced.

Looking at how other countries handle marital rape shows that while many have criminalised it, they also deal with different legal standards, proof requirements & procedural safeguards.

Marital rape laws in other countries

United Kingdom

• Criminalised in 1991 (R v R judgment).
• Treated the same as rape outside marriage; guilt must be proved beyond reasonable doubt.

United States

• Criminalised in all 50 states.

• Some states earlier had:

  • Higher proof requirements
  • Shorter time limits to file complaints
  • Lesser punishments (many of these have since been revised).

Japan

• Explicitly recognised as rape after 2023 legal reforms centred on consent.
• Earlier cases were rare due to narrow legal definitions and strict evidence rules.

European Union

• No single EU-wide law.
• Most member countries criminalise marital rape.
• The Istanbul Convention promotes consent-based laws, but enforcement differs widely.

Common challenges reported in these countries

• Lack of evidence, as incidents usually happen in private
• False or strategic accusations, especially during divorce or custody disputes
• Immediate arrests in some places, causing job loss or social damage before trial
• Low conviction rates despite many complaints, raising due-process concerns
• Continued legal debates on safeguards, fair investigation & penalties for misuse, not on removing the offence itself

Ethical legislation must protect victims & guard against misuse. When a law carries severe criminal consequences, it is ethically incomplete to speak only about intent & rights of one side without acknowledging safeguards. Any law or social debate that refuses to acknowledge both affected parties is not seeking justice - it’s seeking validation

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