New Delhi: The Supreme Court today took a step toward defining marital rape when it ruled that all women, regardless of whether they are married or not, are entitled to abortion rights and that the exception given to spouses in the definition of rape is “legal fiction.
Although it did not outlaw coercive sex performed by a spouse, who is the subject of a different case, it did state that abortion would be permitted in these situations under the Medical Termination of Pregnancy (MTP) Act. There will be no requirement that a case is filed for rape, incest, or sexual assault, it was added.
If a guy has extramarital contact with a woman without the lady’s agreement, the woman can become pregnant. Family violence is recognized under current Indian legislation “The bench, presided over by Justice DY Chandrachud, said.
“Sexual contact with a person without their agreement or against their will is generally recognized to constitute rape,” the proclamation added. Whether such forced contact happens at weddings or not if a woman’s spouse treats her improperly, she could file Pregnant married women may have experienced sexual assault or rape.
Through legal fiction, “[the exemption]… solely serves to exempt marital rape from the concept of rape.” According to the exception, unless his wife is under 15, a man’s sexual behavior with her is not considered rape. It must be emphasized that this will continue to be the case; the court’s decision today does not preclude a spouse from being charged with marital rape. A case about that was just heard on September 16 and will be tried again in February 2023. The court stated today that it will “allow the constitutional legality (of the exemption) to be decided in that or any other suitable process.”
The court ruled that “sexual assault” or “rape” in Rule 3B (a) encompasses a husband’s act of sexual assault or rape performed on his wife, despite Exception 2 to Section 375 of the Indian Penal Code. If a spouse engages in extramarital contact with her without her consent, the lady may become pregnant.
Family violence is recognized under current Indian legislation “The bench, presided over by Justice DY Chandrachud, said.
With today’s decision, however, the MTP Act now allows for the simple willpower of the pregnant woman to end a forced sex pregnancy in a marriage. According to the law, pregnancies can be ended up to 24 weeks.
The court emphasized that “marriage rape shall be construed as involving rape solely for the MTP Act and rules formulated there under.” Any other interpretation might force the woman to conceive a child and raise it with a spouse who abuses her physically and mentally, according to the statement.
The decision was made in a case brought by an unmarried woman who contested various laws governing abortion. Unmarried women could only terminate their pregnancies after 20 weeks, whereas married women could do so up to 24 weeks.
This distinction was overturned by the court today because it was “artificial and constitutionally unsustainable,” violating fundamental rights.
The court ruled that “limited patriarchal assumptions concerning what constitutes permissible sex” should not serve as the foundation for law. The interpretation of the MTP Act and MTP Rules must take into account the socioeconomic realities of the modern world as the law moves toward a gender-equal society.