The Supreme Court has recently ruled that marital rape will be considered under the category of ‘rape’ for the Medical Termination of Pregnancy (MTP) Act and its associated rules.
Justices DY Chandrachud, AS Bopanna, and J.B. Pardiwala noted, “Despite Exception 2 to Section 375 of the IPC, the terms ‘sexual assault’ or ‘rape’ in Rule 3B(a) encompass acts of sexual assault or rape committed by a husband against his wife. Therefore, rape must be interpreted to include marital rape, specifically within the context of the MTP Act and related regulations. Any other interpretation would force a woman to bear and raise a child with a partner who causes her mental and physical harm.”
The court underscored that marital assault is part of a range of actions constituting violence in family settings.
The bench further commented, “It’s plausible that married women may conceive after being ‘raped’ by their husbands. The dynamics of sexual violence and consent remain unchanged upon marriage. Marriage status doesn’t alter the determination of whether a woman has consented to sexual relations. Women in abusive relationships may encounter significant barriers accessing medical care or consulting healthcare providers.”
Highlighting that a woman isn’t required to prove rape or sexual assault to seek pregnancy termination under the MTP Act, the court emphasized accessibility to reproductive healthcare services.
Case Title: X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.
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