Supreme Court Just Recognised Marital Rape To Provide Abortion Rights To Married Women Under The MTP Act. There’s Hope!

Supreme Court Just Recognised Marital Rape To Provide Abortion Rights To Married Women Under The MTP Act. There’s Hope!

Abortion rights have been a hot topic of discussion across the world ever since the US Supreme Court overturned the Roe v Wade judgement, stripping American women of their rights to terminate an unwanted pregnancy. India too has been flaunting it’s “modern thinking” as it allows women to terminate a pregnancy upto 24 weeks. But just a few months ago, there’s was social media uproar when an unmarried woman was denied the right to terminate her pregnancy after 24 weeks by the Delhi High Court as she was unmarried. The woman later approached the Supreme Court challenging the Delhi HC judgement. Soon after the Supreme Court clarified that while the Medical Termination of Pregnancy Act does not explicitly mention it, unmarried women have the right to seek an abortion just as much as married women. In a recent judgement, Supreme Court not only recognized the abortion rights of women irrespective of their marital status but also marital rape.

A Supreme Court bench led by Justice DY Chandrachud, issued a verdict on the MTP Act stating that rape must include marital rape for the purpose of the MTP Act. In this trailblazing judgement, the Supreme Court brought married women who conceive due to forced sexual intercourse by their husbands within the ambit of sexual assault or rape or incest survivors mentioned in the Rule 3B(a) of the MTP Act, which lists the categories of women who can seek termination of an unwanted pregnancy up to 24 weeks. Justice DY Chandrachud of the Supreme Court noted that married women can also be considered sexual assault or rape survivors as the “ordinary meaning” of rape is when someone is forced into having sexual intercourse without their consent or against their will. The court further observed that when a woman conceives due to forced sex, be it by a stranger or her husband, she shall be permitted to terminate her pregnancy arising out of rape. In other words, the Supreme Court gave legal recognition to marital rape even though it’s only for the sake of abortion rights under the MTP Act.

The Supreme Court also said that it would be irresponsible to not recognise intimate partner violence which is a reality in our society and it can turn into rape too. While we’re still miles away from recognising marital rape as a crime and criminalising it but this landmark judgement is restoring our faith in the Indian Justice system. Even if it’s just for abortion rights, this is the first time in India that the court has recognised marital rape as rape. Moreover, this move comes at a time when the Supreme Court is considering petitions challenging the constitutionality of the exception under Section 375 of the Indian Penal Code which provides protection to husbands even after they have forced sexual intercourse with their wives. This exception exempts marital rape from being considered a criminal offence and protects husbands from being prosecuted for the offence of rape despite having non-consensual sex with their wives.

This legal recognition given to marital rape is the first ray of hope that Indian women have seen at the end of the tunnel. For the longest time, women across the country have been struggling to have marital rape recognised as rape. And the sad reality is that it is not uncommon for married women to suffer due to marital rape. This historic judgement has given us all hope that India as a country is moving forward and progressing and inching closer to criminalising marital rape which continues to be one of the most gruesome crimes committed by men against their wives.

Also Read: Despite Abortion Rights, Safe Abortions Privilege Thanks To Social Stigma

On the other hand, men on Twitter seem to be more concerned about their right to force their wives to have sexual intercourse with them more than anything else. Men’s rights activists are shedding tears and calling out the Indian legal system for giving legal recognition to marital rape and allowing women to terminate a pregnancy arising out of marital rape.

Tweeple are also very worried about what will happen to a man’s right to be a father and turn his wife into a baby-making machine as per his whims and fantasies. What will poor husbands do if they are unable to forcefully impregnate women, hai na?

It’s rather hilarious how men are so triggered by the fact that women now have the right to abort a forceful pregnancy (they had it earlier too but with marital rape’s legal recognition, the right has come into focus). It’s almost as if someone stole their favourite lunch and TBH, I’m so glad it happened. I’m just here to watch men lash out at women for wanting abortions and calling us murderers.

Also Read: Hautetalk: How Roe V Wade, Anti-Abortion Laws, Social Attitude Burdens An Already Overpopulated Word

As shameful as this is to watch, we’re happy that the Supreme Court has given women some relief and hope.

“Abortion Rights To Women Irrespective Of Their Marital Status”, Supreme Court Passes A Trailblazing Judgement. The World Needs To Take A Note!

Janvi Manchanda

​​She uses her pen to slice through patriarchy. She could be Geet one day, Wednesday Addams next. Writing is the bane of her existence and the object of all her desires!

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