Contravening reproductive autonomy through abortion takes away consent for sexual act: Delhi Court

A woman exercising sexual autonomy through consent cannot be additionally presumed to have also consented for violation of her reproductive rights, a Delhi court held recently while denying bail to a man accused of raping a woman several times and forcing her to abort [State v. Shubham Singh].."While parties in a consensual relationship may be on an even keel when sexual relations are of a consistent and long duration, the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent which may have been given for the sexual act itself," reads the order passed by Additional Sessions Judge Vishal Gogne..The man and woman were stated to have met on a social network, following which the man reportedly took her to a friend’s house and raped her on several occasions.The Court was further informed that the survivor had undergone abortions on three prior occasions, but decided to keep the baby the fourth time.It also came on record that though the man and the woman were in a live-in relationship, he beat her up when she urged him to marry her. Seeking bail, the man contended that the relationship was consensual..The Court stated that the arguments on behalf of the accused essentially sought to “ride the applicant home on bail on the back of the sexual autonomy” of the survivor.“This is a flawed construction of the concept of bodily/sexual autonomy of a person/female. The exercise of sexual choices by a woman does not vest any corresponding right in the partner to sexually exploit her. The woman does not forsake her other rights, including reproductive rights either when she enters into a sexual relationship with a partner,” the order pointed out.In the Court's view, it appeared that the accused had committed sexual exploitation and violation of the complainant's reproductive rights.“It would indeed be a decision of immense difficulty for a young woman to go ahead with pregnancy as a single mother, especially when the child has been fathered by a person she accused of rape,” it noted.From the available material on record, the Court took a prima facie view that the exploitative conduct of the applicant in abusing the sexual relationship between the parties had led to previous pregnancies and caused the complainant to continue with the present pregnancy in the interest of her health and future conception..The allegations indicated that man had not only entered into a “forcible sexual relation” with the woman and continued with it, but also his “reckless conduct robbed” the complainant of the counterpart to her sexual autonomy - reproductive choices/rights..The Court also observed that the reproductive rights of a woman had been recognised as being part of the right to life and personal liberty in multiple judicial pronouncements. Highlighting that the allegations in the present case had a “broader compass”, the order added, “… the misconception of fact, allegedly suffered by the complainant, is not restricted to the faith of marriage but includes abuse of her reproductive choices. While parties in a consensual relationship may be on an even keel when sexual relations are of a consistent and long duration, the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent which may have been given for the sexual act itself.”The order further underscored that a woman exercising bodily/sexual autonomy through a wilful sexual relationship cannot be additionally presumed to have also given consent for violation of reproductive rights. "If an accused proceeds to continue sexual relations with the end or associated allegation of causing abortion, the consent for the sexual act itself is vitiated,” it said..Any misconception on the part of the woman regarding marriage with the accused was a matter to be discovered during trial, the Court said."The nature of the relationship between the parties this exhibits lack of consent for the immediate outcomes of the sexual relationship,” added the order..[Read Order]