Is Consent Even Considered in Marriage? Chiraiya Reopens the Debate

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There are some silences we're taught to accept, especially inside a marriage.

JioHotstar's latest series Chiraiya doesn't just tell a story; it unsettles. It brings to the surface a reality many women live but few openly name: the absence of consent within marriage. Through Kamlesh and Pooja's relationship, the show forces viewers to sit with an uncomfortable question: can something be wrong even if society has normalised it for years?

In India, that question doesn't just stay within homes. It runs into the law.

While Chiraiya has sparked conversations across social media and living rooms, the legal position on marital rape remains deeply contested-and, for many, shockingly unchanged. To understand where things stand, and why the gap between lived reality and legal recognition still exists, we spoke to Advocate Shaili Muzoomdar, a practising lawyer and women's rights advocate.

Photo Credit: Hotstar (Edited by BoldSky)

When Reality Meets the Law and Doesn't Fit

Chiraiya may feel painfully real, but legally, it sits in a grey zone.

"Marital rape is not recognised as a criminal offence in India. Under the Bharatiya Nyaya Sanhita, a husband is exempt from rape charges if the wife is above 18. In simple terms, the law assumes ongoing consent within marriage," said Muzoomdar.

That assumption creates what she calls a 'legal fiction,' one where lived experiences of violation are not acknowledged as crimes.

The result is a stark disconnect. What feels like a violation to a woman may not be recognised as one in court.

Pop Culture: Conversation Starter or Oversimplifier?

There's no denying that Chiraiya has opened up conversations many would otherwise avoid.

According to Muzoomdar, pop culture plays a powerful role in bringing taboo subjects into public discourse. It humanises what might otherwise remain abstract legal debates.

But there's a catch.

"Complex issues like consent, autonomy, and marital expectations can't always be neatly packaged into a storyline. There's always a risk of oversimplification," she explained. Real-life cases require nuance, something that storytelling, by design, often compresses.

Still, if it gets people talking, questioning, and listening, that's a start.

What Does the Law Say?

Photo Credit: Edited in Canva

Right now, forced sex within marriage is not treated as rape in India if the wife is an adult.

However, that doesn't mean there are no legal options at all.

"Women can seek protection under the Protection of Women from Domestic Violence Act, 2005, where sexual abuse is recognised as a form of cruelty. It can also be grounds for divorce under matrimonial laws," suggested Muzoomdar.

But here's the core issue: the act itself isn't prosecuted as rape.

And that distinction matters-not just legally, but emotionally and socially too.

Where India Stands Globally

On the global map, India's position stands out, and not in a good way.

"Many countries across Europe, North America, and even parts of Africa have criminalised marital rape, recognising that marriage does not cancel bodily autonomy. India, however, continues to hold onto an exception rooted in older, patriarchal frameworks, placing it behind evolving international human rights standards," said Muzoomdar.

What Survivors Go Through

For many women, the journey isn't just legal; it's deeply personal, and often isolating.

"Most survivors rely on civil remedies. Divorce, domestic violence complaints, and maintenance claims-these become the available routes," said Muzoomdar.

But a large number don't pursue any of them due to stigma, family pressure, and fear of not being believed.

And perhaps most painfully, the lack of a legal language that fully validates their experience.

Why Existing Laws Fall Short

India does have laws addressing domestic violence. They cover physical, emotional, and even sexual abuse.

But they stop short of calling forced sex within marriage what it is.

"This gap stems from long-standing ideas around 'conjugal rights' and concerns about misuse of the law. The result is a system where protection exists, but recognition does not. And without recognition, justice often feels incomplete," highlighted Muzoomdar.

The Silence Inside Homes

If the law is one barrier, culture is another.

Marriage, in many Indian households, is still seen as an implicit contract of sexual access. Refusal can be misunderstood as rebellion, not a boundary.

"Add to that the general discomfort around talking about sex, and conversations around consent rarely even begin. Acknowledging marital rape would mean questioning deeply ingrained beliefs about marriage itself. And that's a discomfort many families avoid," added Muzoomdar.

What Needs to Change Beyond the Courtroom

Legal reform is important, but it's only one part of the puzzle.

"There needs to be a shift in how we understand consent," explained Muzoomdar. That includes:

• Moving away from the idea of sex as a marital obligation
• Normalising conversations around bodily autonomy
• Educating people early about consent and boundaries

Because without social change, even the strongest laws can remain ineffective on the ground.

If This Feels Personal, You're Not Alone

For readers who may see a part of their own story in Pooja's, it's important to know that support does exist.

"Women can seek help through the Domestic Violence Act, which allows for protection orders, residence rights, and maintenance. Divorce on grounds of cruelty is also an option. Beyond the legal system, NGOs, helplines, and counselling services can offer guidance and emotional support, though access may vary depending on location," concluded Muzoomdar.

And while the law may not fully recognise marital rape today, it doesn't mean survivors are without options or without a voice.

Chiraiya may end after a few episodes. But the conversation that has reignited is far from over.