Rape should embrace ‘marital rape’ for function of MTP Act: What Supreme Court stated on abortion rights

The Supreme Court Thursday dominated that no matter their marital standing, all ladies are entitled to secure and authorized abortion. A bench led by Justice DY Chandrachud famous that for the only real function of the Medical Termination of Pregnancy Act, the that means of rape should embrace marital rape.

Here’s what the Supreme Court stated in its ruling:

“If Rule 3B(c) is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable. The artificial distinction between married and unmarried women cannot be sustained. Women must have autonomy to have free exercise of these rights.”

“We would be remiss in not recognising that intimate partner violence is the reality and can take the form of rape. The misconception that strangers are exclusively or almost exclusively responsible for sex and gender-based violence is a deeply regrettable one.”

“The meaning of rape must therefore be understood as including marital rape solely for the purpose of the MTP Act and any other rules and regulations framed thereunder. Any other interpretation would have the effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.”

The apex courtroom additionally famous that ladies needn’t search formal authorized proceedings to show the “factum of sexual assault or rape”. “…there is no requirement that the instance may be registered or the allegation of rape may be proved before a court of law or some other forum before it can be construed true for the purpose of the MTP Act. Such a requirement would be in conflict with the purpose of the MTP Act,” it stated.

“The rights of reproductive autonomy give an unmarried woman similar rights as a married woman.”

— with inputs from Live Law

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