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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.

National News

Shocker! Dalit Woman Dragged Out Of Collector’s Office In Madhya Pradesh; Viral Video Sparks Outrage

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Bhopal (Madhya Pradesh): A video showing a woman—said to be dalit, being dragged out of the Collector’s office in Madhya Pradesh’s Singrauli district has surfaced on social media. The video has garnered thousands of views in a couple hours and have sparked a debate on the platform.

In the video it can be seen that a female cop and another lady forcefully dragging the dalit woman on the floor in the Collector’s office. According to the tweet, the incident took place on Wednesday during the Collector’s public hearing.

According to information, on Wednesday, a public hearing was organised at the Collectorate in the Singrauli district of Madhya Pradesh. A dalit woman who attended the public hearing, allegedly caused ruckus and was dragged out of the collectorate. A member of the public recorded the incident and uploaded it on social media garnering thousands of views. Information about the woman’s identity is still unknown.

Netizens React

Many users have expressed their outrage and condemnation of the authorities’ actions, highlighting systemic issues of caste-based discrimination and the mistreatment of marginalized communities.

Some comments call for immediate accountability and justice for the woman involved, urging higher authorities to intervene. “Dalit or not a Dalit, this is inhuman and concerned officials must be suspended”, wrote a user.

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Education

‘Impermissible’: SC rules out residence-based reservation in PG medical courses

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New Delhi, Jan 29: The Supreme Court on Wednesday ruled that residence-based reservation in Post Graduate (PG) medical courses under state quota is constitutionally invalid.

A bench, headed by Justice Hrishikesh Roy, said that providing for domicile or residence-based reservation in PG medical courses is constitutionally impermissible and cannot be done.

It opined that residence-based reservation is impermissible for the reason that such reservation runs counter to the idea of citizenship and equality under the Constitution.

It clarified that institutional preference or reservations to a reasonable extent permissible under the Constitution in PG courses, yet reservation in PG medical courses and other higher learning courses, on the basis of ‘residence’ violates Article 14 of the Constitution.

“We must also remember that, to a reasonable degree, residence-based reservation in a state is permissible for MBBS course, but the same reservation for PG courses is not permissible,” added the Bench, also comprising Justices Sudhanshu Dhulia and S.V.N. Bhatti.

It referred to previous decisions of the apex court, where it was held that at the PG level, merit cannot be compromised, although residence-based reservation can be permissible to a certain degree in UG or MBBS courses.

In Chandigarh’s Government Medical College and Hospital, 64 PG medical seats falling under the state quota were reserved either for the ‘residents’ of Chandigarh or for those who have done their MBBS from the same college.

The prospectus provided a very wide definition of ‘residents’ of Chandigarh and even included a person who studied in Chandigarh at any time for 5 years or the children of parents who had property in the Union Territory for a period of 5 years at any point of time.

After several petitions were filed before the Punjab and Haryana High Court challenging this residence-based reservation, the high court held that the reservation was given on the basis of a long-discarded principle of domicile or residence and was bad in law.

Upholding the decision, the Supreme Court said: “We are all domiciled in the territory of India. We are all residents of India. Our common bond as citizens and residents of one country gives us the right not only to choose our residence anywhere in India, but also gives us the right to carry on trade & business or a profession anywhere in India. It also gives us the right to seek admission in educational institutions across India.”

It said that the benefit of affirmative action in educational institutions to those who reside in a particular state can be given to a certain degree only in MBBS courses, but considering the importance of specialist doctors in PG Medical Course, reservation at the higher level on the basis of ‘residence’ would be violative of Article 14 of the Constitution of India.

“If such a reservation is permitted then it would be an invasion on the fundamental rights of several students, who are being treated unequally simply for the reasons that they belong to a different state in the Union! This would be a violation of the equality clause in Article 14 of the Constitution and would amount to a denial of equality before the law,” the top court added.

It stressed that state quota seats, apart from a reasonable number of institution-based reservations, have to be filled strictly on the basis of merit in the All-India examination.

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Puducherry AIADMK stages protest, demands release of fishermen arrested by Sri Lankan Navy

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Chennai, Jan 29: The Puducherry unit of the AIADMK staged a protest on Wednesday demanding an immediate release of 13 Tamil fishermen, including six from the Union Territory’s Karaikal region, who were arrested by the Sri Lankan Navy on January 27.

The fishermen were apprehended on charges of crossing the International Maritime Boundary Line (IMBL).

AIADMK workers and functionaries, led by Puducherry unit secretary A. Anbalagan, gathered near the district collectorate and raised slogans against the Sri Lankan government, condemning its use of force against Tamil fishermen.

Speaking to the media, Anbalagan urged the Union government to take a firm stand against Sri Lanka’s “strong-arm tactics” and secure the release of the detained fishermen.

He also emphasised the need for proactive measures to prevent such incidents in the future.

“It is the responsibility of the Union government to ensure the safety of our fishermen while they venture into the sea. Fishermen from Tamil Nadu are increasingly fearful for their lives due to the aggressive actions of Sri Lankan maritime agencies,” said Anbalagan.

Puducherry Chief Minister N. Rangasamy has written to External Affairs Minister S. Jaishankar, seeking his immediate intervention to secure the release of the 13 fishermen.

The Chief Minister urged the Union Minister to prioritise diplomatic discussions with the Sri Lankan government to ensure their safe return.

Additionally, Member of Parliament (Lok Sabha) V. Vaithilingam has also reached out to External Affairs Minister (EAM) S. Jaishankar, requesting his assistance in securing the release of the fishermen along with their boat.

In his letter, Vaithilingam stated, “I kindly request the Union Minister to intervene and persuade the Sri Lankan government to release the captured fishermen along with their boat.”

In response to the continued arrests of Indian fishermen, Tamil Nadu fishermen’s associations have announced a large-scale protest in Rameswaram on Friday, January 31. Fishermen and their families will participate in the demonstration, urging immediate action from the Union government.

The associations have strongly condemned these repeated arrests, calling them a serious threat to their livelihoods.

Antony John, a fishermen’s association leader from Rameswaram, expressed deep concern over the escalating situation:

“The Sri Lankan Navy is arresting our fishermen regularly. On Tuesday, they even fired at our men, injuring two of them. This has to stop,” he said.

John further lamented that fishing in the Palk Bay is becoming increasingly unsafe, with fishermen losing not just their livelihoods but also their boats and fishing equipment to Sri Lankan authorities.

Earlier this month, Tamil Nadu Chief Minister M.K. Stalin had written to EAM Jaishankar on January 12, 2025, urging diplomatic intervention to secure the release of detained fishermen.

In his letter, the Chief Minister highlighted the economic distress caused by repeated arrests and boat seizures.

“The recurring arrests and boat seizures have severely impacted the livelihoods of our fishermen. Swift diplomatic intervention is essential to safeguard their rights,” he said.

With tensions rising, all eyes are now on the Union government’s response and the diplomatic measures it will take to resolve this longstanding issue.

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