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Rape to include marital rape for purpose of Medical Termination of Pregnancy Act: SC

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The Supreme Court on Thursday said that all women, including the unmarried, are entitled to safe and legal abortion, and also the meaning of rape must be understood as including marital rape, solely for the purposes of the Medical Termination of Pregnancy (MTP) Act and any rules and regulations framed thereunder.

And, married women may also form part of the class of survivors of sexual assault or rape, it added.

A bench, headed by Justice D.Y. Chandrachud, said it is not inconceivable that married women become pregnant as a result of their husbands having “raped” them and the nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry.

“The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors,” it added.

The bench, also comprising Justices A.S. Bopanna and J.B. Pardiwala, said the state has a positive obligation under Article 21 of the Constitution to protect the right to health, and particularly reproductive health of individuals.

“Married women may also form part of the class of survivors of sexual assault or rapea… A woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband. We would be remiss in not recognising that intimate partner violence is a reality and can take the form of rape,” said Justice Chandrachud, who authored the judgment on behalf of the bench.

It added that the misconception that strangers are exclusively or almost exclusively responsible for sex- and gender-based violence is a deeply regrettable one.

The bench said that there is no requirement that an FIR must be registered or the allegation of rape must be proved in a court of law or some other forum before it can be considered true for the purposes of the MTP Act.

Emphasising that the right to dignity encapsulates the right of every individual to be treated as a self-governing entity having intrinsic value, it added that in the context of abortion, the right to dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy.

“The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical wellbeing also injures the dignity of women,” it added.

Justice Chandrachud said if women with unwanted pregnancies are forced to carry their pregnancies to term, the state would be stripping them of the right to determine the immediate and long-term path their lives would take.

“Depriving women of autonomy not only over their bodies but also over their lives would be an affront to their dignity. The right to choose for oneself – be it as significant as choosing the course of one’s life or as mundane as one’s day-to-day activities – forms a part of the right to dignity,” he added, in the 75-page verdict.

The bench said the law should not decide the beneficiaries of a statute based on narrow patriarchal principles about what constitutes “permissible sex”, which create invidious classifications and excludes groups based on their personal circumstances.

“The rights of reproductive autonomy, dignity, and privacy under Article 21 give an unmarried woman the right of choice on whether or not to bear a child, on a similar footing of a married woman, “it added.

The object of Section 3(2)(b) of the MTP Act read with Rule 3B is to provide for abortions between 20 and 24 weeks, rendered unwanted due to a change in the material circumstances of women.

“In view of the object, there is no rationale for excluding unmarried or single women (who face a change in their material circumstances) from the ambit of Rule 3B. A narrow interpretation of Rule 3B, limited only to married women, would render the provision discriminatory towards unmarried women and violative of Article 14 of the Constitution,” said Justice Chandrachud.

The bench said importantly, it is the woman alone who has the right over her body and is the ultimate decisionmaker on the question of whether she wants to undergo an abortion. “In order to avail the benefit of Rule 3B(a), the woman need not necessarily seek recourse to formal legal proceedings to prove the factum of sexual assault, rape or incest,” said the bench.

On July 21, the top court had allowed a 25-year-old to abort her 24-week pregnancy arising out of a consensual relationship. In the judgment, the top court dealt with various aspects of the issue, including forced pregnancy. The woman had moved challenged the Delhi High Court, which refused to entertain her request to terminate her 24-week foetus, under Rule 3B, dealing with categories of women entitled to abortion, of the MTP Rules, 2003.

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Shiv Sena (UBT) MP Sanjay Raut Urges PM Modi To Announce Relief For Flood-Affected Farmers During His Mumbai Visit

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Pune: MP Sanjay Raut on Saturday said Prime Minister Narendra Modi, during his visit to Mumbai, should announce assistance for farmers who faced losses due to the recent floods in Maharashtra.

Speaking to reporters here, Raut said the Central government should have declared a relief package for farmers.

Earlier this week, Fadnavis said that rains and floods had damaged 60 lakh hectares of land in Maharashtra, as per the initial estimate, and the government has decided to extend all benefits and measures usually provided during drought to the affected people.

He, however, didn’t declare a “wet drought” as demanded by the Opposition, saying no such provision exists in the official manual.

Raut said, “A relief package for farmers should have been announced from Delhi. The prime minister should announce assistance for flood-affected farmers during his visit to Mumbai.”

He further slammed Shiv Sena leader Ramdas Kadam over his claims about a delay in the announcement of party founder Bal Thackeray’s death in 2012.

“Ramdas Kadam was never a trustworthy person. Uddhav Thackeray got him elected to the legislative council twice. What contributions have Neelam Gorhe and Kadam made to the party? They should be grateful to Uddhav Thackeray,” the Rajya Sabha MP said.

Kadam on Thursday claimed that Bal Thackeray’s body was kept at his Mumbai home for two days before the announcement of his death in 2012.

He also alleged that the party founder’s fingerprints were taken after his death.

Raut said, “I was present during Balasaheb’s final moments. Kadam’s claim is an example of how low a person can stoop for position and money. Those who have left the party can never remain loyal to Balasaheb or truly consider him their guiding figure.”

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5 Kuki militants among 12 extremists held in Manipur; arms seized

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Imphal, Oct 4: The security forces have arrested 12 dreaded militants of different banned outfits, including five cadres of the United Kuki National Army (UKNA) from different districts of Manipur during the past 24 hours, officials said on Saturday.

A police official said that the security forces, including Assam Rifles, arrested five dreaded and active cadres of UKNA from Songkot village area in Churachandpur district.

The UKNA is an outlawed Kuki extremist outfit, active mainly in the hill districts of Manipur.

The arrested cadres of UKNA identified as Paolenlal Kipgen (30), Kamgoulen (23), Lhunkholen Singson (26), Khaiginpau (37) and Thangzasuan (14).

The official said that from their possession, one M79 grenade launcher with three bombs, two 9mm pistols with five rounds, eight radio sets along with four chargers, eight pairs of jungle shoes, three kg of opium seeds and three mobile phones were recovered.

On October 2, the security forces arrested the self-styled Commander-in-Chief of another Kuki militant outfit — Chin Kuki Mizo Army (CKMA) Paokholen Guite from the same Churachandpur district.

According to the official, Guite was involved in the trafficking of weapons and drugs across the India-Myanmar border for those militant outfits that have not signed the suspension of operations agreement with the state government.

He was also involved in extortion activities.

Two AK-47 rifles with two magazines, 31 7.62 AK-47 rounds, 150 rounds of 7.62 SLR and LMG, cash amounting to Rs one lakh, a bullet-proof pouch, a car, and two mobile phones were also seized from Guite’s possession.

The official added that during the past 24 hours, besides the five UKNA guerrillas, seven more militants were arrested from Imphal West and Thoubal districts.

The arrested militants belonged to different factions of Kangleipak Communist Party (KCP) and People’s Liberation Army (PLA).

The seven arrested extremists include, self-styled Corporal of PLA Nongmaithem Sidananda Singh alias Nanao alis Lenin (38).

These militants were involved in abduction of people, extortion from the people in Manipur valley region, mediation between parties through intimidation and in cases related to crimes against women.

The security forces rescued one Soyam Sanayamba Thomas (35) of Thamnapokpi village under Imphal East district, who had strayed into Twinomjang village, Kangpokpi district, a tribal-inhabited district.

He has been handed over to his family.

The official said that the security forces continue to conduct search operations and area domination in the fringe and vulnerable areas across districts.

The movement of 346 vehicles carrying essential items along Imphal-Jiribam National Highway (NH-37) has been ensured without any incident.

Strict security measures are taken up in all vulnerable locations and security convoys are provided in sensitive stretches in order to ensure free and safe movement of the vehicles.

According to the official, a total of 114 nakas/checkpoints were set up in different districts, both in the hills and the valley region, to prevent untoward and illegal movements of inimical elements and suspected vehicles.

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JD(U) demands one-phase polling in ECI meeting with 12 political parties in Patna

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Patna, Oct 4: The Election Commission of India (ECI) on Saturday held a crucial meeting with 12 recognised political parties in Patna ahead of the Bihar Assembly elections. Chief Election Commissioner Gyanesh Kumar chaired the meeting and assured that all suggestions put forward by the parties would be considered before finalising the poll schedule. The ruling JD(U) sought Assembly polls to be held in a single phase.

Speaking to reporters after the meeting, JD(U) working president Sanjay Jha, who represented the party, demanded that the Assembly polls be conducted in a single phase.

“We have thanked the Commission for successfully conducting the Special Intensive Revision (SIR) of the voter list. We have requested that the Bihar elections be held in one phase. Law and order and Naxalism are no longer issues in Bihar. If elections can be held in one phase in Maharashtra, why not here? Paramilitary forces should be deployed at all polling stations so that the poor face no difficulties in voting,” Jha said.

Jha also suggested that election dates should be fixed, keeping in mind the Chhath festival, so that people returning home for the festival can also cast their votes.

On the other hand, the RJD’s Aurangabad MP Abhay Kushwaha and the party’s election convener Chitranjan Gagan, who represented the party at the meeting, demanded that polling be conducted in two phases.

“We have asked the CEC to release the data of the 3.64 lakh voters deleted during the SIR process. We have also sought complete security arrangements in Dalit, Mahadalit, extremely backward and backward caste villages, so that these communities can vote freely. In the past, they were often prevented from voting,” Kushwaha said.

Responding to the BJP’s demand that women in burqas be verified by female officers, Kushwaha said: “A new voter list with photographs has already been published after the SIR. Despite this, if the BJP is making such demands, it is nothing but politics.”

The ECI’s consultations mark a significant step in finalising preparations for the high-stakes Bihar polls.

Political observers believe the Commission may announce election dates shortly, with voting likely to take place in multiple phases across the state.

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