Rape Must Include ‘Marital Rape’ For Purpose Of MTP Act: What Supreme Court Says On Abortion Rights
The Supreme Court on Thursday ruled that irrespective of their marital status, All women have the right to a safe and legal abortion.. A bench headed by Justice DY Chandrachud noted that the meaning of rape for the sole purpose of the Medical Termination of Pregnancy Act should also include marital rape.
What the Supreme Court said in its judgment:
“If Rule 3B(c) is construed to apply only to married women, it will perpetuate the stereotype that only married women engage in sexual activity. This is not constitutionally sustainable. Married ․ And artificial discrimination between unmarried women cannot continue. Women must be empowered to freely exercise these rights.”
“We would be remiss not to recognize that intimate partner violence is a reality and can take the form of rape. The misconception that strangers are solely or almost exclusively responsible for sex- and gender-based violence. It is very sad.
“Therefore the meaning of rape should be interpreted as marital rape only for the purpose of the MTP Act and any other rules and regulations made thereunder. Any other interpretation would have the effect of giving birth to a woman and her partner. will force co-parenting that causes him mental and physical harm.”