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

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3 years ago

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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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Crime

‘I Love Muhammad’ row: Tension continues in Karnataka’s Belagavi, 11 detained

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5 mins ago

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October 4, 2025

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Belagavi, Oct 4: Tension continued to simmer in Karnataka’s Belagavi city on Saturday following a stone-pelting incident linked to the raising of ‘I Love Muhammad’ slogans.

Police have detained 11 persons and made tight security arrangements across Belagavi city.

The Police Department is on high alert as Chief Minister Siddaramaiah is scheduled to visit the city on Saturday.

According to police, the stone-pelting incident occurred on Friday evening during the ‘Urs’ procession. While the procession was underway, “I Love Muhammad” slogans were raised. When objections were raised, the mob resorted to stone pelting near the Khadak Galli area.

The police also stated that they have obtained video evidence showing youths chanting ‘I Love Muhammad’ slogans and engaging in violence.

The Police further said that the group changed the procession route without permission.

Khade Bazar Police have detained 11 people in connection with the incident and are questioning them. A case has been registered, and further investigation is underway.

Security has been tightened since Friday night, with police patrolling throughout the night, the police said.

A platoon of the Karnataka State Reserve Police (KSRP) has been deployed in the Khade Bazar area. Police have indicated that more persons will be taken into custody in connection with the incident.

Meanwhile, Hindutva activists have put up ‘Har Har Mahadev’ banners in Belagavi city. Taking the situation seriously, police are maintaining a strict vigil.

In another development, an ‘I Love Muhammad’ banner installed at Aland in Kalaburagi district was removed by jurisdictional police on Saturday.

The banner had been put up as part of the Laadle Mashak Dargah urs programme. After receiving information, police rushed to the spot and cleared the banner.

An investigation is ongoing.

Earlier, two groups clashed over an ‘I Love Muhammad’ poster in Davanagere city, further fueling tensions.

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Crime

TN Police launch manhunt for TVK’s Namakkal district secy after Madras HC rejects bail plea

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11 mins ago

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October 4, 2025

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Chennai, Oct 4: The Tamil Nadu Police have intensified efforts to trace and arrest N. Satish Kumar, Namakkal district secretary of actor Vijay’s Tamilaga Vettri Kazhagam (TVK), after he went missing following the dismissal of his anticipatory bail petition, officials said on Saturday.

Two special squads have been formed under the supervision of Inspector Kabilan to locate the absconding TVK functionary, according to official sources.

The action comes after the Madras High Court on Friday denied anticipatory bail to Satish Kumar in connection with a case registered for allegedly attacking a private hospital in Namakkal.

The incident reportedly occurred when TVK leader Vijay was campaigning in the district ahead of the Assembly elections scheduled to be held next year.

Satish Kumar approached the court seeking protection from arrest.

During the hearing, his counsel, advocate A. Murugavel, said that his client was being falsely implicated for political reasons.

“The petitioner has not committed any crime. The case was filed solely because he happened to be present at the location when the incident took place,” Murugavel added.

However, the prosecution strongly opposed the plea, presenting details of damages caused during the unrest.

Police counsel said that TVK cadres had damaged hospital property worth Rs 5 lakh during the incident.

They also said that eight other criminal cases were already pending against Satish Kumar, including charges related to public property destruction.

The police also submitted photographic evidence from the spot to substantiate their claims.

After examining the images, Justice N. Senthilkumar said that as a district-level TVK leader, Satish Kumar, could not disown responsibility for the violent actions of his cadre.

“If party members were engaged in such acts, how can the petitioner claim ignorance? Shouldn’t he have exercised control over them?” the judge remarked before rejecting the anticipatory bail plea.

With the court’s decision, the Namakkal police have stepped up operations to track down Satish Kumar, who has reportedly been untraceable since the judgment.

Officers said that both squads are actively following leads and scanning possible hideouts.

The move is seen as part of a broader crackdown on political violence and property damage during election campaigns.

Authorities indicated that if Satish Kumar fails to surrender, further legal steps, including issuing a lookout notice, could follow.

The police have appealed to the people to share information on his whereabouts confidentially.

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Crime

Mumbai: Special POCSO Court Seeks Reply From Deputy Commissioner Of Police in Otters Club Child Sexual Assault Case

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16 mins ago

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October 4, 2025

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Mumbai: The special court for Protection of Children from Sexual Offences (POCSO), on Friday, asked the Deputy Commissioner of Police (DCP) to file reply on the plea of further probe against the office-bearers of Bandra-based Otters Club, in a case of alleged sexual assault on a minor boy at the club by a waiter in September 2023.

The court was hearing the arguments made by advocate Rizwan Merchant on behalf of the complainant father, a businessman. The victim boy was 7 years old at the time of the alleged incident. It was contended that the court should seek reply from the DCP on further probe under his supervision. The court has now scheduled the hearing for next week.

The complainant had challenged the closure report submitted by the Bandra police against the club officebearers, who were also named in the complaint. It was claimed that even after bringing the facts to the notice of the managing committee they failed to act. Hence, he filed a police complaint, demanding that the office-bearers should be prosecuted for failure to take action.

The father had claimed that the office-bearers had tried to arm-twist him. He further claimed that they assured him that the matter would be referred to the Prevention of Sexual Harassment committee. Notably, the case could not go to the committee as it was related to child sexual harassment, argued the father.

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