Rape for purpose of MTP Act includes marital rape; married woman can seek abortion of pregnancy from forced sex by husband: Supreme Court

The Supreme Court on Thursday said that for the purposes of the Medical Termination of Pregnancy (MTP) Act, marital rape has to be considered as falling within the meaning of 'rape' in order to save women from forceful pregnancy [X Versus The Principal Secretary Health and Family Welfare Department, Delhi NCT Government and Anr]..A Bench of Justices DY Chandrachud, AS Bopanna, and JB Pardiwala said that any pregnancy alleged by a pregnant woman to be caused by force is rape notwithstanding the exception to marital rape under Indian Penal Code (IPC). "Notwithstanding Exception 2 to Section 375 of the IPC,85 the meaning of the words “sexual assault” or “rape” in Rule 3B(a) (of MTP Rules) includes a husband’s act of sexual assault or rape committed on his wife. The meaning of rape must therefore be understood as including marital rape, solely for the purposes of the MTP Act and any rules and regulations framed thereunder. Any other interpretation would have the effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her," the bench observed. The Court emphasised that married woman may also form part of class of survivors. "Rape means sexual intercourse without consent and intimate partner violence is a reality. In this case also woman may get forcefully pregnant," the top court said in its judgment. .The meaning of rape must, therefore, be understood as including marital rape, for the purpose of the MTP Act and any rules and regulations framed under the Act, the Court underscored..The Court, however, clarified that understanding “rape” under the MTP Act and the rules as including marital rape does not have the effect of striking down Exception 2 to Section 375 of the India Penal Code (IPC) or changing the contours of the offence of rape as defined in the IPC."Since the challenge to Exception 2 to Section 375 of the IPC is pending consideration before a different Bench of this Court, we would leave the constitutional validity to be decided in that or any other appropriate proceeding," the Court said. .These observations were made in a judgment that has held that provisions in the MTP Act allowing termination pregnancy beyond 20 weeks and up to 24 weeks cannot be denied to a woman merely because she is unmarried.The three-judge bench held that reproductive autonomy is closely linked to bodily autonomy and consequences of unwanted pregnancy on a woman cannot be undermined..Rape means sexual intercourse without consent and intimate partner violence is a reality. In this case also woman may get forcefully pregnant.Supreme Court..The case arose from a July order in which the Supreme Court had allowed an unmarried woman, who became pregnant due to consensual sex, to abort her 24-week-old foetus.The appellant, hailing from Manipur and currently residing in Delhi, had moved the Delhi High Court after she came to know about her pregnancy.The High Court had refused relief to the woman, holding that an unmarried woman who is carrying a child out of a consensual sexual relationship cannot be permitted to terminate pregnancy older than 20 weeks..The woman then moved the Supreme Court in appeal.The Supreme Court, on July 21, overturned the decision of the Delhi High Court, which had declined to permit the abortion.The Supreme Court while allowing the plea observed that the High Court took an unduly restrictive view in interpreting the MTP Act and Rules.After allowing the abortion the Court proceeded to hold further hearing on the scope of MTP Act and Rules before delivering its verdict on the same today..[Read Judgment]