In a landmark judgement, the Supreme Court of India on Thursday (September 29) gave its verdict on the termination of pregnancy under the Medical Termination of Pregnancy (MTP) Act. It said that for abortion, marital rape would be recognised as rape.
The top court noted that the sexual assault perpetrated by a husband on his wife would be identified as rape under the provisions of the act. It said that the definition of rape would include marital rape under the MTP act.
According to Mint, the court stated, "marital status of a woman can't be ground to deprive her right to abort unwanted pregnancy. Single & unmarried women have right to abort under Medical Termination of Pregnancy Act & rules till 24 weeks of pregnancy."
Married As Well As Unmarried Women Entitled To Abortion
A three-judge bench of Justices DY Chandrachud, JB Pardiwala and AS Bopanna was hearing a case on the distinction between married and unmarried women regarding termination of pregnancy under the MTP act.
In a sigh of relief for unmarried women, the bench, in its judgement, ruled that all women, regardless of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy. It said there could not be any discrimination between married and unmarried women concerning abortion.
The apex court noted that married women might also be survivors of sexual assault/rape and become pregnant due to non-consensual intercourse with their spouse. It is said sexual violence by one's intimate partner is a reality and living experience for many. The MTP act must not stay static and consider the changing social realities.
Marital Rape In India
The Delhi High Court in May this year gave a divided verdict on criminalising marital rape in India, and the case remains pending in the courts. The Supreme Court will now hear the matter on February 2023.
Criminalising marital rape was taken to the tribunal after a series of public interest litigations (PILs) were registered to challenge the "marital rape exception" clause in Section 375 of the Indian Penal Code (IPC). It states that any action performed by a husband on his wife is not considered rape as long as the woman is not a minor.
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