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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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Rajasthan alert: Bomb-like object found in Jaisalmer, probe underway

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Jaipur, May 9: A bomb-like object was discovered in a residential area of Jaisalmer in Rajasthan on Friday, triggering a massive security operation.

The explosive was found in the Jogi Colony of Kishanghat around 10 a.m., following which Army personnel swiftly evacuated the entire area. The bomb was safely removed by the Army team, preventing a potential disaster.

The situation in Jaisalmer remains tense, with the police enforcing a city-wide blockade. Heavily armed personnel have been deployed, and checks are being carried out on all incoming and outgoing vehicles.

Entry is being allowed only after thorough document verification, and all suspicious activity is under close surveillance.

In light of the high alert, blackouts were observed across six districts on Thursday night, including Jodhpur, Jaisalmer, Barmer, Bikaner, Sri Ganganagar, and Pali. Airports in the border districts have been completely shut down, with airspace appearing deserted as all routine flights have been diverted. The affected airports include Jodhpur, Jaisalmer, Bikaner, and Kishangarh.

Railway services have also been severely impacted. In Jaisalmer, train number 12468 (Jaipur-Jaisalmer), which departed on May 8, operated only up to Bikaner and was partially cancelled between Bikaner and Jaisalmer. Similarly, train number 12467 (Jaisalmer-Jaipur), scheduled for May 9, is now operating from Bikaner instead of Jaisalmer, with partial cancellation on the Jaisalmer-Bikaner route.

In Barmer, four trains scheduled for May 9 have been cancelled entirely. These include train numbers 14895 (Bhagat Ki Kothi-Barmer), 14896 (Barmer-Bhagat Ki Kothi), 04880 (Munabao-Barmer), and 54881 (Barmer-Munabao). The state is also on high alert following two recent attempted attacks by Pakistan.

On the night of May 7-8, missiles were fired at Indian airbases in Uttarlai, Nal, and Phalodi, which were intercepted mid-air by India’s advanced S-400 air defence system. The second attempt occurred around 9 p.m. on May 8, when swarm drones targeted military bases in Jaisalmer and Pokaran. These drones were also neutralised before causing any damage.

In response to these threats, the Rajasthan government has ordered the closure of schools and colleges in Jodhpur, Bikaner, Jaisalmer, Barmer, and Sri Ganganagar until further notice. Coaching institutes in Sri Ganganagar have also been shut down.

Fireworks have been banned in Bikaner and Sri Ganganagar, while drone flying has been prohibited in Kota until July 7 and is already banned in Bikaner.

To bolster administrative readiness, nine Rajasthan Administrative Service (RAS) officers have been deployed to critical border areas to assist with disaster response and maintain law and order.

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Proud of our military, nation stands united: Samajwadi Party’s Nadvi

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New Delhi, May 9: In the wake of heightened tensions between India and Pakistan following the terror attack in Pahalgam, Samajwadi Party (SP) MP Mohibbullah Nadvi on Friday lauded the Indian Armed Forces for their strong and decisive response to Pakistan’s aggression following Operation Sindoor.

The Indian forces responded to unprovoked attacks from Pakistan firmly, gaining widespread support and admiration from across the nation. Terming the response as a “moment of pride for the entire nation”, Nadvi emphasised the bravery and unity of the Indian people.

Speaking to IANS, Nadvi said, “It is a moment of pride for the whole country. We are all proud of our military, which is courageously giving a befitting reply to the enemy. Today, the entire nation stands united. Clearly, such action should have been taken a long time ago in response to Pakistan’s shameful behaviour. Though delayed, this step was necessary.”

He strongly remarked that India would not rest until Pakistan’s terror infrastructure is dismantled completely.

“Until the terror factories in Pakistan are completely shut down, and until our armed forces achieve their objectives, we must remain firm. Today, we are proud that all political parties, all religions, and every Indian citizen are standing together. We salute the bravery of our soldiers,” he added.

Nadvi’s remarks come at a time when international concern is mounting over the possibility of an escalation between the two nuclear-armed neighbours. Addressing comments made by US Vice President J.D. Vance, who expressed hope that a nuclear war would be avoided, Nadvi responded firmly.

“Of course, no one wants a nuclear war. But for over 50 years, India has endured pain in Kashmir that no one else, not even the US, Russia, or any global power, can truly understand. We have warned Pakistan many times to abandon its path of terrorism. They did not listen, and now they are facing the consequences of their actions,” Nadvi stated.

As tensions continue to rise, calls for international intervention to pressure Pakistan into dismantling terror networks have intensified.

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India negates Pak drone/missile attack on over 15 places, knocks out Lahore air defence system

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New Delhi, May 8: In a significant operation, India on Thursday morning targeted the Air Defence Radars and systems at a number of locations in Pakistan, during which the one at Lahore has been neutralised, said the government in a statement.

On the night of May 7-8, Pakistan attempted to engage a number of military targets in Northern and Western India, including Awantipura, Srinagar, Jammu, Pathankot, Amritsar, Kapurthala, Jalandhar, Ludhiana, Adampur, Bhatinda, Chandigarh, Nal, Phalodi, Uttarlai, and Bhuj, using drones and missiles.

These drones and missiles were neutralised by the Integrated Counter UAS Grid and Air Defence systems. “The debris of these attacks is now being recovered from a number of locations that prove the Pakistani attacks,” said the release.

Following this, India launched a major strike and targeted Pakistan’s Air Defence Radars and systems at several locations.

“The Indian response has been in the same domain with the same intensity as Pakistan. It has been reliably learnt that an Air Defence system at Lahore has been neutralised,” the government statement read..

Pakistan has increased the intensity of its unprovoked firing across the Line of Control using mortars and heavy-calibre Artillery in areas in Kupwara, Baramulla, Uri, Poonch, Mendhar and Rajouri sectors in Jammu and Kashmir.

The government said that India was compelled to take the action in view of Pakistan’s unprovoked heavy shelling across the Line of Control (LoC) in Jammu and Kashmir. In the firing by the Pakistan Army, 16 lives have been lost so far.

“Sixteen innocent lives have been lost, including three women and five children, due to Pakistani firing. Here too, India was compelled to respond to bring Mortar and Artillery fire from Pakistan to a halt,” said the release.

The Indian Armed Forces have reiterated their commitment to non-escalation, provided the same is respected by the Pakistani military.

During the Press Briefing on Operation Sindoor on May 7, India had called its response as focused, measured and non-escalatory.

It was specifically mentioned that Pakistani military establishments had not been targeted. It was also reiterated that any attack on military targets in India will invite a suitable response.

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