Connect with us
हिंदी اردو
Saturday,15-November-2025
Breaking News

National News

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

Published

3 years ago

on

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.

Post Views: 164
Related Tags:

Business

IndiGo to start flights from Navi Mumbai International Airport from Dec 25

Published

1 hour ago

on

November 15, 2025

By

Mumbai, Nov 15: Low-cost airline IndiGo on Saturday announced flight operations from the newly-opened Navi Mumbai International Airport (NMIA) starting December 25, connecting the airport to 10 cities across the country.

IndiGo will connect the future-ready airport to 10 cities, including Delhi, Bengaluru, Hyderabad, Ahmedabad, Lucknow, North Goa (Mopa), Jaipur, Nagpur, Cochin, and Mangalore, the airline said in a statement.

The airline said it plans to expand operations at NMIA progressively by adding direct routes to more destinations in due course.

NMIA, the second airport in the Mumbai metropolitan area, is designed to complement Chhatrapati Shivaji Maharaj International Airport and meet growing demand for air travel from India’s financial capital.

NMIA is expected to enhance regional connectivity and support economic development in western India due to its strategic location.

By enhancing regional connectivity and supporting economic development in western India, the launch of IndiGo’s operations will connect the airport to its vast domestic network of 95 airports across the country, it added.

The Navi Mumbai International Airport was inaugurated by Prime Minister Narendra Modi last month, as a major achievement in India’s economic development and “a symbol of Bharat’s aspirations”.

PM Modi said that Mumbai welcomed its second international airport, marking a significant milestone in its journey to becoming Asia’s premier connectivity hub. “Through this new airport, the farmers of Maharashtra will be able to connect with supermarkets in Europe and the Middle East as well,” he observed.

NMIA will ease congestion at Chhatrapati Shivaji Maharaj International Airport and significantly increase India’s aviation capacity.

The Navi Mumbai International Airport Private is designed to accommodate both domestic and international passengers, featuring state-of-the-art facilities. It includes a 3,700-metre runway capable of handling large commercial aircraft, modern passenger terminals, and advanced air traffic control systems.

Post Views: 65,992
Continue Reading

National News

Extended hearty congratulations to CM Nitish Kumar: Chirag Paswan after Bihar poll results

Published

1 hour ago

on

November 15, 2025

By

New Delhi, Nov 15: After the announcement of the Bihar Assembly election results, Union Minister and LJP (Ram Vilas) chief Chirag Paswan on Saturday met Chief Minister Nitish Kumar and congratulated him on the NDA’s sweeping mandate.

Paswan posted on X to mark the occasion, stating, “After the Bihar Assembly Election results today, met with the Honourable Chief Minister of Bihar Shri Nitish Kumar Ji and extended hearty congratulations and best wishes to him for the NDA’s resounding majority.”

Speaking to reporters after the meeting, Chirag Paswan reaffirmed the solidarity and unity within the ruling alliance.

He said, “After meeting the Chief Minister, I came to personally congratulate him and extend my best wishes. Under the leadership of Chief Minister Nitish Kumar, the NDA achieved a historic victory. As a representative of the Lok Janshakti Party (Ram Vilas), I met him to convey our congratulations and good wishes…”

Paswan’s remarks come at a time when the NDA has consolidated its position in Bihar with a powerful, near-landslide performance. Leaders across the alliance have hailed the results as a mandate for stability and continuity.

Adding to Paswan’s sentiments, LJP (RV) MP Rajesh Verma highlighted the party’s impressive performance in the state polls. He said, “It is quite natural that 19 MLAs from our party have won, and many of the seats allotted to us were tough seats. Despite this, the party won 19 seats with a large margin, and on 2–3 seats we lost by very small margins. With this massive mandate, the people of Bihar have clearly shown that there is no alternative to the NDA now. The condition and the numbers of the Mahagathbandhan clearly indicate that the Opposition has disappeared…”

In a decisive electoral outcome, the NDA surged far past the majority mark of 122 seats, tightening its hold over Bihar as the ruling coalition secured a commanding victory.

The alliance, led by Nitish Kumar’s Janata Dal (United), saw its numbers significantly boosted by a strong performance from the Bharatiya Janata Party (BJP) as the alliance bagged 202 seats.

In contrast, the Opposition Mahagathbandhan, comprising the Rashtriya Janata Dal (RJD), Congress, and Left parties, suffered a severe setback.

Post Views: 72,581
Continue Reading

Crime

NMC cancels registrations of doctors accused in Delhi blast

Published

1 hour ago

on

November 15, 2025

By

New Delhi, Nov 15: The National Medical Council (NMC) has cancelled the registrations of three doctors linked to the car blast attack near Delhi’s Red Fort Metro Station, barring them from practising until further orders.

The Delhi blast, which occurred on November 10, killed 12 and injured several others, sending shockwaves across the nation.

The council released the directive in light of the FIR filed under UAPA Sections against Dr Muzaffar Ahmad, Dr Adeel Ahmad Rather, and Dr Muzamil Shakeel, effective immediately.

While Muzamil, Adeel, and another suspect, Dr Shaheen, are currently in the custody of the J&K Police, Muzaffar is thought to have escaped India around August this year.

They are believed to have connections to the Faridabad terror module.

An order from Rajiv Sharma, the NMC Secretary (incharge), mentioned an FIR filed against Ahmad, Rather, and Shakeel in Srinagar on October 19.

It stated that evidence gathered by investigating agencies indicated their involvement in the Red Fort terror blast case.

“Such association or conduct is prima facie inconsistent with the standards of ethical propriety, integrity and public trust expected of members of the medical profession and attracts the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002,” the order read.

The Jammu & Kashmir Medical Council has exercised its authority to cancel the registrations of the three doctors mentioned above, instructing that their names be promptly removed from the Register of Medical Practitioners that is maintained by the council.

“Consequent upon such removal, the said practitioners shall cease to be entitled to practise medicine or to hold any appointment as medical practitioners till further orders,” the order added.

It also mentioned that in view of the notifications dated November 13, 2025 regarding “cancellation of registration of the above-mentioned doctors issued by the Jammu & Kashmir Medical Council, their names be removed from the Indian Medical Register (IMR) / National Medical Register (NMR) with immediate effect.”

It has been reported, though not yet confirmed, that a similar directive has been issued concerning Dr Shaheen Saeed, who was listed with the Uttar Pradesh Medical Council, and she has also been promptly removed from the IMR/NMR.

Post Views: 65,074
Continue Reading

Trending