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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

PM Modi ends the exam leak standoff, clears path for reform

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New Delhi, July 24: Prime Minister Narendra Modi’s personal intervention in the standoff involving the fasting activist Sonam Wangchuk, protesting students, and others involved in the ongoing stir against exam-paper leak has been both decisive and symbolic.

For weeks, the impasse had deepened, with Wangchuk’s fast entering a critical phase, student groups intensifying demonstrations, and the government facing acute pressures from civil society and the Opposition benches alike. By opening direct channels of dialogue with Wangchuk and student leaders simultaneously, PM Modi signalled that his government was willing to listen, negotiate, and act.

At the same time, he ensured concrete steps aimed at addressing the root causes of the protests, particularly greater transparency, fairness, and accountability in public examinations and recruitment processes. One of the notable outcomes of this intervention was the announcement of fast-track courts dedicated to cases of examination malpractice, and related offences.

When judicial process takes time, it often erodes public faith in the system. Here, the promise of swift adjudication was seen as a statement of intent. By ensuring that such cases are resolved fairly and promptly, the government thus hopes to restore credibility to institutions that have been tarnished by repeated scandals.

In a video message, the Prime Minister further pledged introducing a strict law to check exam-paper leaks.

And on Friday, according reports, the Union Cabinet approved a Bill and related provisions aimed at setting up fast-track courts and introducing harsher punishment in cases of paper leaks and exam malpractices.

The proposed legislation is expected to be introduced in Parliament next week to be passed as law, added reports. This also puts the ball in Opposition court who has been protesting in Parliament on the issue, leading to an impasse.

Earlier, the Public Examinations (Prevention of Unfair Means) Act, 2024 was hailed as a landmark in India’s fight against organised exam malpractice, promising to safeguard meritocracy through stringent penalties and centralised enforcement. Yet, in some high-profile cases, the accused individuals managed to exploit ambiguities in the law, securing bail, and reportedly, even sometimes return to similar activities while cases were going on. There followed thoughts on closing the loopholes, introduce severe prosecution and penalties for those who abuse the system, further empower investigative agencies, and coordinate across state jurisdictions, among other possible amendments.

The Prime Minister’s approach reflected a blend of political pragmatism and governance dharma. On one hand, he has shown his government’s willingness to engage with dissenters rather than dismiss them outright. This move can now help defuse tensions and prevent any escalation.

On the other, he has leveraged the moment to push for systemic reforms that align with his broader narrative of efficiency, accountability, and zero tolerance for corruption.

Meanwhile, the government’s outreach at engaging with Sonam Wangchuk is not lost on observers. The 59-year-old engineer-activist, known for his work in sustainable education and environmental innovation, commands respect across ideological divides. His fast raised concerns among people and the government acknowledged the legitimacy of citizen-led activism in shaping policy.

Scepticism does remain, but the creation of fast-track courts and the drafting of a tougher law are concrete markers on which the government’s sincerity can be judged. But the success of these initiatives will depend on execution. If implemented effectively, these measures could set a precedent for responses in other sectors as well.

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National News

Landslide of rocks hits vehicle in Himachal; 6-month-old infant among 13 killed

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Shimla, July 24: A massive landslide of rocks dislocated from a mountain hit a Tata Sumo with 15 people onboard in Himachal Pradesh’s remote, rugged Pangi Valley in Lahaul-Spiti district on Friday, killing 13 people, including a six-month-old infant.

The area has been witnessing heavy rainfall for the past many days. The vehicle caught fire after it came under debris of the mountain that collapsed near Karunallah on the Udaipur-Pangi road. Two passengers managed to survive as they jumped out of the vehicle moments before it was crushed. The vehicle was on its way from Kullu to Pangi.

Deputy Commissioner Kiran Badana told the media that 15 people, comprising the driver, were travelling in the vehicle that was heading towards Pangi Valley through the Udaipur-Killar road, which was closed for traffic for a day earlier owing to landslides. Border Roads Organisation (BRO) personnel launched the rescue operation immediately after the incident.

Bharmour legislator Janak Raj said the Deputy Commissioners of Chamba and Lahaul-Spiti had been asked to speed up rescue and relief operations.

According to the police, owing to the closure of the Udaipur-Killar road on the previous day, all the passengers were stuck in Tindi. After the road was reopened, the vehicle left for Pangi.

Pangi Resident Commissioner Amandeep Singh said rescue teams from the Lahaul and Spiti Police, along with local administration personnel, rushed to the spot. The Killar-Udaipur road, which passes through the remote Chamba region, is prone to landslides and rockfalls, especially during monsoon.

Rescue operations were challenging amid inclement weather and falling debris. The administration has appealed to the public not to believe in any kind of unverified information or rumours and to rely on information from the administration.

The India Meteorological Department (IMD) has forecast heavy rain in several districts till July 26.

Chief Minister Sukhvinder Sukhu expressed grief over the death of 13 people. The Chief Minister directed the Deputy Commissioner of Lahaul-Spiti to proceed immediately to the incident site and supervise the rescue and relief operations.

He also asked the Deputy Commissioner to provide all possible assistance to the next of kin of the deceased and the best of treatment to the injured. He wished speedy recovery to the injured.

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Crime

Delhi: Interstate gang of auto-lifters busted, 11 stolen vehicles recovered

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New Delhi, July 24: In a major breakthrough in organised vehicle theft, the Delhi Police on Friday busted an interstate gang of auto-lifters and apprehended two thieves, with a history of committing such offences.

At least 11 stolen vehicles were recovered from their possession. The arrested accused have been booked under various sections of Bharatiya Nyaya Sanhita (BNS).

The accused were identified as Sarfaraz, resident of Mehrauli and Rahul Kesharwani, resident of Amethi in Uttar Pradesh.

The auto-rickshaw, which the criminals used in stealing the vehicles, has also been impounded by the police.

The action against auto-lifters began on a complaint by Bobby Khan, who reported the theft of his Bajaj Discover motorcycle from Chhatarpur Pahari.

A dedicated police team analysed the CCTV footage of the area and carried out extensive local enquiries. Then, acting on specific information and technical surveillance, they laid a trap near CDR Chowk, apprehending two suspects.

The police recovered 11 stolen motorcycles along with the auto-rickshaw used in the commission of the crime. This has helped resolve 11 motor vehicle theft cases, registered across different police stations in Delhi.

During sustained interrogation, both accused disclosed their involvement in multiple vehicle thefts.

They disclosed that they used to identify unattended motorcycles and scooties parked in residential colonies and public places during late-night hours.

After stealing the vehicles, they either concealed them at isolated locations or disposed of them to prospective buyers after changing their identity to earn quick money.

The Mehrauli police team undertook scientific analysis of CCTV footage, conducted technical surveillance and took direct inputs from field staff for cracking down on the inter-state gang.

With the arrest of auto-lifters running cross-border operations and recovery of 11 stolen vehicles, this deals a significant blow to the organised vehicle theft network operating in the capital.

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