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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.

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241 dead, one survivor as Air India Dreamliner crashes after takeoff from Ahmedabad: Air India

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New Delhi, June 13: In what is being described as one of the worst aviation disasters in Indian history, an Air India Boeing 787-8 Dreamliner carrying 242 people crashed shortly after takeoff from Ahmedabad airport.

The aircraft, operating as Flight AI-171 from Ahmedabad to London Gatwick, plunged into a residential complex near BJ Medical College, killing 241 people on board.

The ill-fated flight had 230 passengers, 10 cabin crew, and two pilots. According to officials, only one person, a British national of Indian origin seated in 11A, survived the crash and is currently undergoing treatment at a local hospital.

The aircraft took off from Sardar Vallabhbhai Patel International Airport at 1.38 p.m. (IST) on Thursday before losing control moments later and crashing into a densely populated area, igniting a massive blaze and triggering emergency response teams across the city.

Air India confirmed the accident in an official statement on X: “UPDATE: Air India confirms that flight AI171, operating from Ahmedabad to London Gatwick on 12 June 2025, was involved in an accident. The 12-year-old Boeing 787-8 aircraft departed from Ahmedabad at 1338 hrs, carrying 230 passengers and 12 crew. The aircraft crashed shortly after take-off. We regret to inform that, of the 242 aboard, there are 241 confirmed fatalities. The sole survivor is being treated in a hospital.”

The airline also shared the nationality breakdown of passengers: 169 Indian nationals, 53 British, seven Portuguese, and one Canadian.

“Air India offers its deepest condolences to the families of the deceased. Our efforts now are focused entirely on the needs of all those affected, their families and loved ones. A team of caregivers from Air India is now in Ahmedabad to provide additional support,” the statement added.

The national carrier has pledged full cooperation with authorities investigating the cause of the crash and has established dedicated helplines for families seeking information.

Domestic callers can reach the support team at 1800 5691 444, while international callers are advised to dial +91 8062779200.

Regular updates will be provided through Air India’s official website and its X handle.

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Plastic nurdle spill from sunken cargo ship reaches TN’s Dhanushkodi sanctuary, raising alarm

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Chennai, June 10: A plastic nurdle spill from the sunken cargo ship MSC ELSA 3 has spread into the newly declared Dhanushkodi Greater Flamingo Sanctuary in Ramanathapuram district, threatening one of India’s most fragile coastal ecosystems.

The MSC ELSA 3, a Liberian-flagged vessel, sank off the Kochi coast a few weeks ago while carrying 640 containers, including 13 with hazardous materials, 12 with calcium carbide, 367 tonnes of furnace oil, and 84 tonnes of diesel.

The ship’s cargo manifest remains undisclosed, fuelling speculation about the full extent of environmental risk.

Dhanushkodi Sanctuary, located within the Gulf of Mannar Biosphere Reserve, supports 128 species of birds — including Greater and Lesser Flamingos — and is home to sea turtles, crustaceans, molluscs, and fish. Its dunes, marshes, and seagrass beds form part of the Central Asian Flyway for migratory birds.

The nurdles — tiny plastic pellets used in industrial manufacturing — resemble fish eggs and can be deadly to marine life. When ingested, they cause internal blockages, starvation, and often death. They also absorb toxins, entering the food chain and posing long-term health hazards.

About 80 bags, each weighing 25 kilograms, have reportedly washed ashore along a 12-km coastal stretch. Affected sites include the Dhanushkodi old church, Irattaithalai, Mugandharayan Chathiram, Gothanda Ramar temple, and Patchappatti village.

Carried by ocean currents from the Thiruvananthapuram-Kanniyakumari coast, the spill now threatens the adjacent Gulf of Mannar Marine National Park, home to vital coral reefs and seagrass beds.

Experts warn these habitats could be smothered by plastic debris, blocking sunlight and disrupting photosynthesis.

Ramanathapuram District Collector Simranjeet Singh Kahlon said, “We’ve identified between 15 and 30 nurdle bags along the coast. A special team has been deployed for cleanup, and additional teams are monitoring for further debris.”

He urged the public not to panic, stating that swift action was underway.

The disaster evokes memories of the 2021 X-Press Pearl incident in Sri Lanka, where 1,680 tonnes of nurdles led to mass marine deaths and crippled fisheries.

Studies showed severe impacts on plankton and larval life forms, threatening entire food chains.

Cleanup efforts in Ramanathapuram face challenges due to the nurdles’ buoyancy and small size, worsened by monsoon waves that break them into microplastics.

With the 61-day annual fishing ban nearing its end, fishermen fear reduced fish catches and consumer hesitancy could harm their livelihoods if the spill worsens.

Environmentalists are calling for urgent intervention, cargo transparency, and long-term containment measures to prevent irreversible damage to one of India’s most critical marine ecosystems.

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Eight Punjab and Haryana HC judges take lead to boost Kashmir tourism post Pahalgam terror attack

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Srinagar, June 9: To give a boost to Kashmir tourism post Pahalgam terror attack, eight judges of the Punjab and Haryana High Court are visiting the valley along with their families.

The visit of the legal personalities along with their families carries a powerful message for the revival of tourism in Kashmir, which got shattered after the Pahalgam terror attack.

On April 22, Pakistan-backed terrorists of Lashkar-e-Kashmir (LeT) killed 26 civilians, including 25 tourists and a local pony owner.

The pony owner sacrificed his life while trying to protect the tourists from the bullets of the terrorists.

The terror attack caused outrage in the entire country, and to avenge the killings of innocent civilians, the Indian Armed Forces carried out airstrikes against terror infrastructure in Pakistan under Operation Sindoor.

In retaliation for India’s attack on terrorist infrastructure, Pakistan resorted to heavy mortar shelling on civilian facilities in Poonch, Rajouri, Baramulla, Kupwara and Bandipora districts.

Eighteen civilians were killed in Pakistan shelling, 13 of them in Poonch district, in addition to the destruction of scores of homes, shops, a temple, a mosque, a church and a Gurudwara.

The itinerary of the visiting high court judges includes visits to the Mughal Gardens of Nishat and Shalimar, Shikara rides on the Dal Lake, a visit to the historic Pari Mahal and buying a few handicrafts at the local market.

There could be no better omen for the revival of tourism in Kashmir than the decision of the honourable justices of the High Court to come here along with their families.

Coinciding with the visit of these dignitaries, local tour and travel operators and hotel owners are reporting a gradual rise in the tourist bookings that had virtually stopped after the Pahalgam terror attack.

Tour and travel operators and others connected with the tourist industry have expressed hope that the visit by the most respected legal dignitaries, like the high court judges, will restore confidence among visitors, both domestic and foreign, that Kashmir is a safe tourist destination.

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