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

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.
National News
LS Speaker reprimands Sonia Gandhi over Waqf bill ‘bulldozed’ remarks

New Delhi, April 4: Lok Sabha Speaker Om Birla on Friday reprimanded former Congress president Sonia Gandhi over her remarks that the Waqf (Amendment) Bill was bulldozed through the Parliament.
Taking strong objection to her claims of Waqf Bill passed ‘forcefully’ in the House, Om Birla termed the comments as ‘unfortunate’ and said that the allegations by senior Congress member was a violation of the democratic norms of the Parliament.
The Speaker noted that the bill was discussed for 13 hours and 53 minutes, with every party participating in the debate and followed by three rounds of voting but despite that Congress member was making such allegations.
“Three rounds of voting were conducted, and the Bill was passed according to the rules of the House. It is unfortunate that, despite following all the parliamentary procedures, such allegations are being made. This is not in line with the democratic norms of Parliament,” Speaker said.
Om Birla’s objection to Sonia’s claims of Waqf bill ‘bulldozed through’ the Parliament came after Parliamentary Affairs Minister Kiren Rijiju raised the matter in Lok Sabha today.
Rijiju, alluding to Congress RS MP Sonia Gandhi, said that extensive discussions took place in both the Houses over the Waqf bill, still the Opposition was making ‘baseless and absurd’ claims that the bill was passed with force.
He also demanded that the Speaker issues an “appropriate order” in response to these remarks.
Rijiju also highlighted that the Waqf reform debate broke the previous record of longest discussion in the Rajya Sabha.
“The previous record for a long discussion in the Rajya Sabha was during the ESMA (Essential Services Maintenance Act) discussion in 1981, which lasted for 16 hours and 51 minutes. Yesterday, this record was broken with a 17-hour and 2-minute discussion, making it the longest debate so far,” he informed the House.
A day ago, after Lok Sabha passed the Waqf Bill after marathon debate, Sonia Gandhi made her displeasure over the amendments known to party leaders, while addressing the Congress Parliamentary Party (CPP) meet yesterday. She stated that the bill was bulldozed through the House and termed it a brazen assault on the Constitution.
“Yesterday, the Wakf Amendment Bill, 2024 was passed in the Lok Sabha and today it is scheduled to come up in the Rajya Sabha. The bill was in effect bulldozed through. Our party’s position is clear. The Bill is a brazen assault on the Constitution itself,” she said.
National News
After passage from Parliament, Waqf Bill awaits President’s nod: Details here

New Delhi, April 4: The Waqf (Amendment) Bill was passed by Rajya Sabha in the wee hours of Friday after a marathon debate, involving heated exchanges between the treasury and opposition benches. The Upper House debated the bill for nearly 14 hours and then cleared it with 128 votes in favour and 95 against.
The legislation was earlier cleared by the Lok Sabha after nearly 12 hours debate, with 288 votes in favour and 232 against.
With this, both the Houses have cleared the decks for amendments in the Waqf Bill of 1995 and repealing the Mussalman Wakf Act of 1923.
The next course of action is the Presidential assent for the bill, following which it will turn into a law.
The Bill will be sent to President Droupadi Murmu soon and her approval will pave the way for amending the 1995 laws, governing Waqf properties.
According to a leading portal, the government is expecting a smaller window for the approval, unlike the Citizenship Amendment Act (CAA).
The NDA government, which is projecting the Waqf Amendment Bill as one of key milestone decision in first year of Modi 3.0 is expected to notify it for implementation, soon after getting President’s nod.
Interestingly, one of the major highlights of Rajya Sabha voting last night, was Biju Janata Dal (BJD)’s stand on the contentious bill.
As per the numbers of NDA and INDIA bloc, the bill was expected to sail through in Rajya Sabha but with a lower margin as compared to Lok Sabha. NDA was expected to get support of 123 MPs but ended up securing 128 votes in favour while INDIA bloc ended at 95 (as against expected figure of 98).
Hours before the voting, Naveen Patknaik-led BJD opened the gates for “conscience vote’, telling its 7 MPs that they would not be bound by a whip and could vote for whichever side they wanted.
Some BJD MPs cross-voted in favour of NDA, there bettering its tally than earlier expected. A total of 119 votes was needed for the bill to get through but BJP’s efficient floor management helped it secure 128 votes.
Meanwhile, Congress has stated that it will challenge the constitutionality of the Waqf legislation in the Supreme Court.
“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024,” he wrote in a post on X.
National News
Congress MP Imran Masood calls for banning liquor during Navratri

Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.
“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.
The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.
Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.
Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.
“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.
Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.
“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.
Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.
Only four working days of the Budget Session are left, as it concludes on April 4.
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