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
Shinde takes a dig at Uddhav Thackeray over his meeting with CM Fadnavis
Nagpur, Dec 18: Maharashtra Deputy Chief Minister Eknath Shinde on Wednesday took a dig at Shiv Sena-UBT chief Uddhav Thackeray over his meeting with Chief Minister Devendra Fadnavis, saying it was like “meet this one, meet that one and go home next day.”
He thereby downplayed the meeting between Thackeray and Fadnavis.
“Anyone can meet the Chief Minister. The Chief Minister is the head of the state. The opposition party also meets him. The leaders of other parties of the opposition party also meet him. I see a radical change in those who criticised him severely, talked about ending him, and talked about putting him in jail. It is not wrong to meet Devendra Fadnavis,” said Shinde.
On the other hand, Shiv Sena legislator and former minister Deepak Kesarkar said “If Uddhav Thackeray had held such a meeting earlier (with Devendra Fadnavis), Shiv Sena would not have been divided into two.”
“Earlier, Uddhav Thackeray had not even responded to Devendra Fadnavis’ telephonic calls. Uddhav Thackeray abandoned Balasaheb Thackeray’s idea of Hindutva for the post of Chief Minister. Eknath Shinde had no other demand. Eknath Shinde’s only demand was that we should go with the idea of Hindutva. We should not go with the Congress. But if Uddhav Thackeray had met Devendra Fadnavis then, all this would not have happened. Devendra Fadnavis called Uddhav Thackeray many times in 2019. But now it is too late. Now the MahaYuti government has come back to power again,” said Kesarkar.
Meanwhile, Shinde slammed the opposition for their campaign against EVMs, saying that “When the poll results go against them, allegations are made against EVMs.”
“When the results are in favour of the Maha Vikas Aghadi, then EVMs are good. For them, the Election Commission is good. The Supreme Court and the High Court are also good. When the results are against them, then they start blaming EVMs. The opposition has been doing this for the last few days. In 2004 and 2009, voting was done on EVMs and the Congress won. When you win, you praise that system,” he added.
“Even the Supreme Court said that when you win, you don’t come to us and when you lose, you come to us. This is a double standard. After winning the Lok Sabha elections, you (the opposition) didn’t talk about EVMs. Omar Abdullah has also slammed the Congress,” said Eknath Shinde.
He said that Congress should not insult the mandate otherwise the people will make them sit at home. Shinde also ridiculed Uddhav Thackeray for his demand that the appointment of Election Commissioner be made through election.
National News
Commuters inconvenienced with ‘rail roko’ protest by farmers in Punjab
Chandigarh, Dec 18: Railway commuters faced inconvenience in Punjab on Wednesday after farmers squatted on rail tracks in support of their long-pending demands, including the legal guarantee of the minimum support price (MSP) for crops.
However, no untoward incident was reported in the state. The protest, at the call of the Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha, was carried out at over 100 locations in the state, badly impacting the railway services.
Kisan Mazdoor Morcha leader Sarwan Singh Pandher claimed that the three-hour “rail roko” call got a good response in the state.
The impact of the protest was more viable in Moga, Faridkot, Ferozepur, Amritsar, Tarn Taran, Batala, Qadian, Phillaur, Tanda, Dasuya, Hoshiarpur, Ludhiana and Sunam towns.
Farmers of both outfits have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13 after their march to Delhi was stopped by security forces.
While hearing a petition, the Supreme Court on Wednesday said the court’s doors were “always open” to the demands and suggestions of protesting farmers, after they refused to engage with the Punjab government-formed committee.
The Punjab government told the apex court that despite several meetings with fasting farmer leader Jagjit Singh Dallewal, the farmers had rejected interactions with the state’s high-powered committee.
Protesting farmers, whose bid to enter Haryana in support of their long-pending demands was foiled thrice, halted the trains to lodge their protest and press their demands.
The 70-year-old cancer patient Dallewal has been fasting at Khanauri, the border point between Punjab and Haryana, since November 26 in support of their demands that included loan waiver and reforms to improve conditions in the agricultural sector.
National News
Thackeray to PM Modi: Apologise for Amit Shah’s comments on Ambedkar
Nagpur, Dec 18: Taking strong umbrage over Union Home Minister Amit Shah’s comments on Dr B. R. Ambedkar, Shiv Sena (UBT) President Uddhav Thackeray called upon Prime Minister Narendra Modi to apologise for the utterances or quit, here on Wednesday.
Thackeray, a former Maha Vikas Aghadi (MVA) Chief Minister, played the tapes of Shah’s comments that have sparked a massive political row in Maharashtra and other parts of the country, especially among the Dalit communities.
Shah said that rather than chanting ‘Ambedkar, Ambedkar, Ambedkar, if you invoke the name of God, you will get heaven in seven births’ – that has kicked up a storm among Dalits and Ambedkar followers.
Slamming the Bharatiya Janata Party (BJP), Thackeray said that Shah would “not dare to say such a thing unless prodded by the BJP-RSS”, and demanded to know whether Prime Minister Modi and Maharashtra Ministers in the Union Cabinet were in concurrence with it.
“Maharashtra has given two great sons to the world, Chhatrapati Shivaji Maharaj and Dr Ambedkar who gave us the Constitution. After ranting ‘Nehru, Nehru’ for years, they are attacking Dr Ambedkar. We will not tolerate any kind of insults to them,” fumed Thackeray.
He said that Modi-Shah must apologise to the nation or quit for the slight to Ambedkar that has shaken the poor and downtrodden masses, warning that they will not forgive the BJP.
Countering Shah, SS (UBT) Deputy Leader Sushma Andhare declared that Ambedkar is indeed a divine personality for millions who worship him daily for his services to the downtrodden, the deprived and the poorest sections of society.
Other MVA leaders like Nationalist Congress Party (NCP) General Secretary Dr Jitendra Awhad, Congress’ state President Nana F. Patole and Dr. Nitin Raut, SS (UBT)’s Priyanka Chaturvedi and Sanjay Raut, and Vanchit Bahujan Aghadi President Prakash Ambedkar, also attacked the BJP and Shah for displaying their “utter contempt for Dr. Ambedkar and the Constitution”.
Thackeray contended that the BJP — which secured a brute majority in the November 2024 Maharashtra Assembly polls — has continued to denigrate the icons like Chhatrapati Shivaji Maharaj, Dr B.R. Ambedkar, Mahatma Jyotirao Phule and Savitribai Phule.
“A former governor Bhagat Singh Koshyari had made objectionable remarks against the legendary Phule couple… The statue of the Chhatrapati (in Sindhudurg) crashed just eight months after it was inaugurated by the PM… And now Shah’s statement in the Parliament,” said Thackeray.
Lashing out at Shah, Thackeray pointedly asked Shah, “whether you will get Heaven by chanting ‘Modi, Modi’ daily”, adding that now the BJP’s attitude against the respected and venerated personalities ‘has crossed all tolerable limits’ in the past few years.
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