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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.

Entertainment

Satish Shah, who tickled everyone with his comic timing, is no more; he died of kidney failure

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New Delhi, Oct 25: Actor Satish Shah, known for his roles in comedy films, has passed away. The news of his death has sent shockwaves among fans. Indian producer Ashoke Pandit confirmed the actor’s death. He shared an emotional post on social media informing about the actor’s demise.

Indian producer Ashoke Pandit posted a photo of Satish Ravilal Shah on Instagram and wrote, “It is with great sadness and shock that we inform you that our dear friend and a wonderful actor, Satish Shah, passed away a few hours ago due to kidney failure. He was taken to Hinduja Hospital, where he breathed his last. This is a huge loss for our industry.” Ashoke Pandit also shared the actor’s home address on social media.

Satish Shah was born into a Gujarati family. He was a face of television and cinema that brought laughter and laughter. He distinguished himself with his unparalleled acting. Whether it was a small role on TV or a major role on screen, he played them with full dedication.

Shah began his career in 1970 with the film “Bhagwan Parshuram,” but the film failed to bring him recognition. He then appeared in Arvind Desai’s 1978 film “Ajeeb Dastaan.” His role in this film was small, followed by the 1983 film “Jaane Bhi Do Yaaron,” which proved to be a milestone in his career.

Satish Shah was last seen in the film “Humshakals,” which was released in 2014. The film starred Saif Ali Khan, Riteish Deshmukh, and Ram Kapoor in lead roles. The actor played a small supporting role in the film. The film was directed by Sajid Khan and didn’t perform well on screen.

In his personal life, Satish Shah was a very simple person. He didn’t like attending parties and preferred home-cooked food. In an interview, the actor revealed, “I am one of the few people who loves home-cooked food, and the food at my home is as good as any party food.”

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Crime

Rave party serving liquor in dry-state Gujarat raided; 15 detained

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Ahmedabad, Oct 25: Police raided a rave party in Gujarat’s Ahmedabad, leading to the detention of 15 people who were consuming alcohol in the dry state.

The Bopal Police acted after receiving a tip-off about the party at Zephyr Farmhouse near Shilaj, where both liquor and drugs were reportedly being used.

Upon reaching the venue, police found 15 individuals, including 13 foreign nationals from Nigeria, Mozambique, Kenya, and other African countries, alongside two Indians, intoxicated.

Investigations revealed that the organisers had printed special passes for the party, advertising “unlimited alcohol”, showing the scale and planning behind the event.

All 15 attendees have been detained, a case has been registered, and further inquiries are underway to identify the main organisers, the farmhouse owner, and the source of the liquor in a state where alcohol is banned.

Gujarat has maintained a strict prohibition on alcohol since 1960 under the Gujarat Prohibition Act, 1949, which bans the sale, consumption, and manufacture of liquor across the state.

The law applies to all forms of alcoholic beverages, including Indian-made foreign liquor (IMFL), country-made liquor, and spirits. Exceptions exist only for medicinal, industrial, and export purposes, subject to government permission. Violations of the Act carry severe penalties, including imprisonment, fines, and seizure of property involved in the illegal trade.

Despite Gujarat’s strict prohibition laws, the illegal liquor trade remains a significant issue.

In 2024, authorities seized approximately 82 lakh bottles of liquor valued at Rs 144 crore across the state. Ahmedabad alone accounted for over 4.38 lakh bottles, with 2,139 cases involving IMFL and 7,796 cases related to country-made liquor. Notably, the State Monitoring Cell (SMC) registered 455 cases, confiscating liquor worth Rs 22.5 crore and total items valued at nearly Rs 52 crore.

In a significant operation, the SMC seized over 8,500 bottles of foreign-made liquor worth Rs 1.19 crore in Chotila taluka, Surendranagar.

Additionally, in a mid-sea raid off Una, Rajkot, authorities intercepted a boat carrying liquor worth Rs 25 lakh.

These seizures reflect ongoing efforts to combat the illegal liquor trade, which often involves smuggling from neighbouring states like Maharashtra and Madhya Pradesh.

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Crime

Police arrest accused Prashant Bankar in Maharashtra doctor’s suicide case

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New Delhi, Oct 25: Police in Maharashtra’s Satara district arrested one accused on Saturday in connection with the death of a female doctor who allegedly committed suicide after being repeatedly raped by a police officer and being pressurised by an MP to falsify medical reports of accused in cases.

According to officials, the arrested person has been identified as Prashant Bankar, the son of the doctor’s landlord whose name was mentioned in her four-page suicide note.

The deceased doctor, a native of Beed district, was posted as a medical officer at a government hospital in Phaltan, Satara. On Thursday night, she was found hanging in a hotel room under mysterious circumstances. Shockingly, she had written a suicide note on her palm, naming Sub-Inspector Gopal Badane and Prashant Bankar, accusing the police officer of rape and Prashant of mental harassment.

After Prashant’s arrest, police said he will be produced before the court and his custody will be sought for further investigation. Meanwhile, Sub-Inspector Badane has been suspended, and a detailed enquiry is underway. Both accused have been booked at the Phaltan Police Station. Satara SP Tushar Doshi confirmed that the rape allegations and Prashant’s role are being thoroughly investigated.

The female doctor who allegedly committed suicide left behind a detailed four-page suicide note apart from the inked note on the palm of her hand, stating that a police officer raped her four times and exerted pressure on her to issue fake fitness certificates for accused persons in police cases. It has now emerged in her note that she was allegedly under pressure not only from police officials but also from a Member of Parliament (MP) and his personal assistants.

The woman doctor, who worked as a medical officer at the Phaltan sub-district hospital, wrote on her palm that she had been raped four times by Sub-Inspector Gopal Badane and subjected to mental and physical abuse for over five months.

Originally from Beed district, the doctor had been working at the hospital for 23 months.

Gopal Badane is a police officer, while Prashant Bankar is the son of the landlord in the house where the doctor lived.

She had complained 21 times to various authorities, but no action was taken against her tormentors.

Recounting a particular instance in her note, the doctor said she had refused to issue a certificate and two personal assistants of an MP had come to the hospital and made her speak to him over the phone. She stated in her note that during that conversation, the MP had threatened her indirectly.

Her cousin also made similar allegations about the doctor being made to falsify medical certificates.

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