Supreme Court Recognizes Marital Rape Under Medical Termination of Pregnancy Act
The Supreme Court has ruled that marital rape falls under the definition of “rape” for the purpose of the Medical Termination of Pregnancy (MTP) Act and its related rules. This decision allows women to seek abortions if they conceive due to forced sexual acts by their husbands.
A bench comprising Justice D.Y. Chandrachud, Justice A.S. Bopanna, and Justice J.B. Pardiwala clarified that despite the Exception 2 to Section 375 of the Indian Penal Code (IPC), which excludes marital rape from criminal offense, the term “rape” under Rule 3B(a) of the MTP Act includes sexual violence by a husband.
The bench stated:
“The definition of rape must include marital rape, specifically for the MTP Act, to avoid forcing women to bear children conceived through mental and physical harm. Any other interpretation would compel a woman to raise a child with an abusive partner.”
The Court also recognized marital assault as one of many forms of domestic violence within a family context. It emphasized that the nature of consent and sexual violence does not change within a marriage. Women in abusive relationships often face significant barriers in accessing medical care or seeking help.
Furthermore, the Court clarified that a woman is not required to prove rape or sexual assault to terminate a pregnancy under the MTP Act.
Case Title: X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.
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