Supreme Court on marital rape: Right to abortion decides Made an important comment while giving to the Supreme Court. Married and unmarried women have equal right to abortion. The Supreme Court held that women have the right to legally and safely terminate a 24-week pregnancy. While delivering this verdict, the Supreme Court commented on marital rape.
Take D. Y Chandrachud, Justice J. b. Pardiwala and Justice. a. s. Bopanna’s bench gave this historic decision. At this point of time, the bench observed that the rule of reproductive autonomy gives equal rights to married or unmarried women. Under abortion law, the distinction between married and unmarried is inherently and constitutionally wrong. He said it was like endorsing the old, stereotypical idea that only married women have sex.
The Supreme Court said that under the MTP Act, abortion can be done in case of pregnancy against the will of the wife. There is no need to file a case for sexual assault, rape or adultery. A woman can become pregnant by having sex with her husband without her consent. Existing laws recognize types of domestic violence, the bench said.
Married women can also be victims of sexual abuse, rape. The court held that rape means having sex without the consent of a person or against his will. The bench also observed that there is forced intercourse in matrimonial relations.
After today’s verdict, the bench clarified that it does not mean that the husband will face criminal punishment for marital rape. The court also made it clear that the matter would be heard in February 2023, at which time various aspects would be examined.
What did the Supreme Court say in the decision?
The Supreme Court has amended Rule 3-B of the Medical Termination of Pregnancy Act. Previously, only married women had the right to abort a pregnancy above 20 weeks and less than 24 weeks. Now this right has been given to unmarried women also. The Supreme Court said that banning pregnancies between 20-24 weeks to unmarried or unmarried pregnant women and allowing married women in such circumstances is violative of Article 14 of the Constitution.
