India Refuses to Criminalise Marital Rape. New Series Challenges the Norm

A Hindi-language web series titled Chiraiya, meaning “small birds,” has ignited discourse on marital rape in India, a topic long shunned by legal and societal norms. Launched on JioHotstar in March, the show has attracted millions of viewers, emerging as one of the platform’s top Hindi productions recently. Its bold approach to a subject often deemed taboo has stirred debates across social media, centering on themes of consent and gender bias.

Characters and Narrative Conflict

Directed by Shashant Shah, the series follows two women—Kamlesh and Pooja—whose lives intersect in a dramatic way. Kamlesh, portrayed by Divya Dutta, is a middle-aged homemaker who clings to traditional roles, believing that women are naturally inclined toward cooking and domestic duties. Pooja, played by Prasanna Bish, is a socially aware, educated individual advocating for gender equality. Their paths cross when Pooja marries Arun, Kamlesh’s brother-in-law, who has been raised as her own son. Arun is initially seen as an ideal partner, but his actions on their wedding night expose the fragility of the marital bond.

“Why do you keep repeating that I raped you?” Arun tells Pooja, asserting that marital rape lacks legal definition in India. He claims the act is not a crime, reflecting the current legal stance that does not criminalize forced sexual relations within marriage.

Pooja’s struggle for autonomy becomes a focal point as she confronts Arun’s violence. Her mother, among others, advises her to endure, warning that speaking out could damage family reputation. Kamlesh, initially dismissive of the issue, begins to question her views when forced to choose between her comfort zone and supporting Pooja.

Legal and Social Debates

According to government data, 6.1% of ever-married women have experienced sexual violence. Despite persistent advocacy, India remains among several nations—including Pakistan, Afghanistan, and Saudi Arabia—where marital rape is not illegal. Activists have filed multiple petitions with the Supreme Court urging legal reforms, but opposition from religious groups and men’s rights advocates has stalled progress. The colonial-era law, which permits marital rape unless the wife is a minor, continues to shield husbands from criminal accountability.

The series has drawn criticism from some quarters, with detractors calling it “anti-men” and an attack on marriage’s sanctity. However, its creator, Divy Nidhi Sharma, argues that the show aims to highlight the lack of legal and social safeguards for women. “This injustice happens in our homes, in our neighborhoods,” she says. “There’s no way to seek justice, so as a writer, I felt compelled to contribute.”

Adapted from a Bengali show called Sampoorna, Chiraiya reimagines the story for northern India, where patriarchal traditions are deeply rooted. The protagonist Kamlesh embodies these societal expectations, her moral compass warped by years of conditioning. Yet, her journey mirrors the transformation many women undergo, leading her to stand by Pooja’s side.

Shah emphasizes the show’s goal: to prompt societal reflection rather than directly challenge the government. “We wanted to present a woman millions can connect with,” he explains. “Her faith in the family system wavers as her world unravels, revealing the hidden struggles within marriage.” The narrative also underscores sisterhood, blending fiction with the real-life experiences of countless women.