First legal recognition of marital rape: SC says 'married women may form part of survivors of rape'

New Delhi: While declaring all women, including unmarried and minors, can undergo abortion up to 24 weeks, the Supreme Court gave its first legal recognition of marital rape on Thursday. According to a bench presided over by Justice DY Chandrachud, married women may also be survivors of sexual assault or rape.

The top court said: "A woman may become pregnant due to a non-consensual act by her husband. Sex and gender-based violence in all its form have been part of families."

The Supreme Court also said that women do not need the permission of a third party to abort, married women may form part of survivors of rape.

Justice Chandrachud said: "We have also briefly touched upon Section 375 of IPC. The meaning of rape must include the meaning of marital rape solely within the meaning of MTP Act and Rules. Such a requirement of proving rape for the purpose of MTP Act shall be against the object of the Act."

The Supreme Court was expected to rule today on whether discrimination against married and unmarried women for permitting abortion up until 24 weeks of pregnancy should be eliminated.

Justice DY Chandrachud said while pronouncing the judgement, "The interpretation of MTP (Medical Termination of Pregnancy) has to be in accordance with societal realities and demands. Readjustment of laws and cannot be in past archives. Unamended 1971 Act was concerned with married woman, but the 2021 statement of objects and reasons does not differentiate between married and unmarried. Thus all are entitled to safe and legal abortion."