Marital rape will amount to rape for purposes of abortion, says Supreme Court

The Supreme Court on Thursday gave its verdict on the termination of pregnancy under the Medical Termination of Pregnancy (MTP) Act. In a landmark ruling, the top court said that for the purpose of abortion, marital rape will be recognised as rape.

The apex court said that sexual assault committed by a husband on his wife will also be recognised as rape under the provisions of the act. It added that the definition of rape will include marital rape under the MTP act. The court was hearing a case on the issue of bringing unmarried women at parity with married women with regard to termination of pregnancy under the MTP act.

In a relief for unmarried women across the country, the court in its judgement ruled that all women are entitled to safe and legal abortions regardless of their marriage status. In its judgment, the Supreme Court clearly said there cannot be any discrimination between married and unmarried women in the matter of abortion. “All women in India have the right to a safe and legal abortion,” said the top court.

While giving its verdict, the court said married women may also be survivors of sexual assault and rape. It observed that a woman may become pregnant as a result of non-consensual sex with her husband. The court said sexual violence by one’s intimate partner is a lived experience for many, while noting the MTP act must not remain static and consider the changing social realities.