New Delhi: Stating that all women are entitled to safe and legal abortion irrespective of their marital status, the Supreme Court on Thursday gave legal recognition to marital rape in a landmark judgement. In its observations, the apex court noted that the term rape would also include 'marital rape' for the purpose of the Medical Termination of Pregnancy (MTP) Act and Rules.
The Supreme Court bench headed by Justice DY Chandrachud and comprising Justices AS Bopanna and JB Paridwala, observed that married women who are forcefully impregnated by their husbands will also be considered victims of sexual assault and would therefore have legal rights to seek termination of pregnancy in 24 weeks under the MTP Act. It ruled the elimination of discrimination between married and unmarried women and equal rights to abortion till 24 weeks of pregnancy for both.
Also read: SC allows abortion of 24-weeks fetus; says every woman has reproductive choices
Speaking about the exclusion of marital rape in the IPC and its effect on the MTP Act, the court observed that it is not sustainable with respect to the Constitution as it assumes that only married women indulge in sexual activities. It further observed that the Act 'needs to be fine-tuned according to the social realities and demands of the time'. The court also held that a woman need not prove the commission of rape or sexual assault to seek termination of pregnancy under the MTP Act.
In a related judgment passed last month, the Supreme Court had allowed a 25-year-old woman to terminate her 24-week pregnancy citing that the rules cannot be different for two women based on their marital status when the risks are the same for both. The apex court is currently also considering petitions challenging the constitutionality of the Exception to Section 375 of the Indian Penal Code, which exempts marital rape from the offense of rape.
After the court delivered the judgment, it was informed by a counsel that today is "Safe Abortion Day". The court said that it had no idea about the date coinciding with the judgment.
Reacting to the landmark judgment, TMC LokSabha MP Mahua Moitra took to Twitter and appreciated the move. 'A huge step forward - SC allows abortion up to 24 weeks irrespective of marital status - says to do otherwise will be violative of Article 14. Thank you MiLords!' she wrote in her Twitter post.
