The Supreme Court of India has ruled that marital rape can be considered a form of “rape” under the Medical Termination of Pregnancy (MTP) Act and its associated rules. This landmark decision acknowledges that forced sex within a marriage can allow a wife to seek an abortion.
A bench comprising Justice DY Chandrachud, Justice AS Bopanna, and Justice JB Pardiwala made the observation, stating, “Despite Exception 2 to Section 375 of the Indian Penal Code, the terms ‘sexual assault’ or ‘rape’ in Rule 3B(a) of the MTP Act include a husband’s act of sexual assault or rape on his wife. This means that marital rape is recognized under the MTP Act solely for the purpose of seeking abortion.”
The court emphasized that interpreting “rape” differently under the MTP Act would force a woman to give birth to a child from a partner who subjects her to mental and physical abuse. The ruling also points out that marital assault is part of a broader pattern of violence within families.
The bench further clarified that it is not uncommon for married women to become pregnant due to sexual violence by their husbands. Consent remains critical, even in a marital relationship, and marriage does not change the question of whether a woman consented to sexual relations. In cases of abusive relationships, women may face significant challenges in accessing medical resources or consulting doctors.
Additionally, the Court highlighted that under the MTP Act, a woman does not need to prove the act of rape or sexual assault to seek an abortion.
The ruling came in the case titled X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
