On Thursday, the Centre informed the Supreme Court that there is no necessity to criminalize marital rape, citing the existence of other “suitably designed punitive measures.” This position aligns with the longstanding stance of the BJP and its ideological parent, the RSS. In contrast, many Opposition parties have consistently advocated for the criminalization of marital rape or a reevaluation of its legal exemption.

Parties such as the Congress, Left, Trinamool Congress (TMC), DMK, Shiv Sena (UBT), Samajwadi Party (SP), RJD, Bharat Rashtra Samithi (BRS), and Biju Janata Dal (BJD) have, at various times, called for legislation to recognize marital rape as a crime.

In an interview with The Indian Express, CPI(M) leader Brinda Karat criticized the government’s position, labeling it “regressive.” She stated, “It is retrograde and regressive because it essentially views a woman’s body as part of a marriage contract, granting the husband full rights over it. This interpretation implies that a woman’s body is not her own but belongs to her husband.”

Congress leader Adhir Ranjan Chowdhury, who previously supported the criminalization of marital rape, took a more measured approach, stating, “This is a sensitive issue that must be addressed comprehensively. The views of all stakeholders should be considered to ensure a thorough understanding. It’s challenging to differentiate between marital rape and consensual cohabitation. This delicate matter should be left for the judiciary to resolve, requiring extensive discussion among all sections of society. We are a diverse culture.”

Chowdhury’s current stance reflects a slight shift from his dissenting note in the Parliamentary Standing Committee’s report on three proposed criminal laws, where he pointed out the government’s failure to address women’s safety adequately. He noted, “Despite claims that the new Bills prioritize women’s safety, the government continues to exempt acts of marital rape from rape laws. Recognizing marital rape as an offense has been a longstanding demand from women across India.”

This sentiment was echoed by other Congress members on the committee, including Rajya Sabha MPs Digvijaya Singh and Ravneet Singh.

TMC Rajya Sabha MP Derek O’Brien introduced a private member’s Bill in 2022 to criminalize marital rape, arguing that any exceptions to the definition of rape contradict the right to life and liberty, emphasizing that all women deserve to live safely and with dignity. In his dissent note on the criminal law report, O’Brien remarked that colonial laws failed to recognize men and women as equals, merging women’s identities with their husbands.

In 2015, DMK MP Kanimozhi raised concerns in the Rajya Sabha, citing a UN Population Fund report indicating that over 75% of married women in India experienced marital rape, highlighting the absence of laws to address the issue.

CPI’s D. Raja, in the 167th report of the Standing Committee on the Ministry of Home Affairs, criticized the exemption of marital rape from Section 375 of the Indian Penal Code, arguing that it contradicts the Indian Constitution’s principle of gender equality and dignity for women. He also referenced the Verma Committee report, which noted that the marital rape exemption stems from an outdated view of marriage, where wives were seen as property rather than equal partners.

In March 2021, the then undivided NCP’s Rajya MP Vandana Chavan raised the issue in Parliament, emphasizing that calls to criminalize marital rape had been ongoing for decades. She noted an increase in instances during the lockdown and criticized the government’s argument that criminalizing marital rape would destabilize marriage, calling it “absurd.”

Other MPs, including Jaya Bachchan from the SP, Priyanka Chaturvedi from the Shiv Sena, Manoj Jha from the RJD, and representatives from the Aam Aadmi Party, BRS, DMK, Congress, and BJD, have also supported the push to recognize marital rape as a criminal offense.