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The apex court's ruling on abortion is a landmark judement, but it also conceals within in an important message on the judiciary's outlook towards safety of women in India and marital rape. 

SC judgement on abortion conceals important ruling on marital rape 

In a historic verdict on Thursday the Supreme Court ruled that all women are entitled to a safe and legal abortion process and making any distinction between a married and an unmarried woman in this regard is unconstitutional.

While the verdict on abortion is a huge step towards securing the bodily autonomy of women in our country, the verdict also held an important decision on another burning matter of safety of women. For the first time, and only within the ambit of the Medical Termination of Pregnancy Act the apex court ruled that the definition of rape must include marital rape. 


Currently, the MTP act claims that a woman is well within her rights to terminate a pregnancy up to 24 weeks, if it causes grievous harm to her physical or mental health. A pregnancy caused by rape, is presumed to constitute a grave injury to the mental health of the pregnant woman.  


It is this explanation that the Supreme Court used to justify this landmark ruling. A bench led by Justice DY Chandrachud noted that intimate partner violence is a reality that can take the form of rape, and if the MTP act does not recognise marital rape, it would compel 'a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.'


Data points to the rampant and grim reality of intimate partner violence in India. (Source on screen: National Family Health Survey-5 2019-2021) 1 in every 25 women in India was reportedly subjected to sexual violence by her husband. (Source on screen: ORF) 4% of pregnant women have experienced spousal violence during a pregnancy. (Source on screen: BMC Pregnancy Childbirth) A 2017 study of India, Nepal, and Bangladesh found Gender Based Violence to be a risk factor for unintended pregnancies among adolescent and young adult married women.  

While the recognising marital rape as valid grounds to terminate a pregnancy is a step in the right direction, there is still some distance to travel towards complete criminalisation. At the moment, Exception 2 of Section 375 of the Indian Penal Code decriminalises marital rape and holds that sexual intercourse by a man with his own wife, the wife not being under 18, is not rape. Following a split verdict by the Delhi High Court, the matter is now in front of the Supreme Court. The court has also sought a response from the Centre on a clutch of petitions against the Delhi high court’s verdict on the issue, but put the next hearing after five months.

Could the inclusion of marital rape as rape under the ambit of MTP point to a larger paradigm shift in our court's standing on the matter? Time will tell. 

The apex court's ruling on abortion is a landmark judement, but it also conceals within in an important message on the judiciary's outlook towards safety of women in India and marital rape.&nbsp;

In a historic verdict on Thursday the Supreme Court ruled that all women are entitled to a safe and legal abortion process and making any distinction between a married and an unmarried woman in this regard is unconstitutional.
While the verdict on abortion is a huge step towards securing the bodily autonomy of women in our country, the verdict also held an important decision on another burning matter of safety of women. For the first time, and only within the ambit of the Medical Termination of Pregnancy Act the apex court ruled that the definition of rape must include marital rape.&nbsp;
Currently, the MTP act claims that a woman is well within her rights to terminate a pregnancy up to 24 weeks, if it causes grievous harm to her physical or mental health. A pregnancy caused by rape, is presumed to constitute a grave injury to the mental health of the pregnant woman. &nbsp;
It is this explanation that the Supreme Court used to justify this landmark ruling. A bench led by Justice DY Chandrachud noted that intimate partner violence is a reality that can take the form of rape, and if the MTP act does not recognise marital rape, it would compel 'a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.'
Data points to the rampant and grim reality of intimate partner violence in India. According to National Family Health Survey-5 2019-2021, 1 in every 25 women in India was reportedly subjected to sexual violence by her husband. A study in ORF showed that 4% of pregnant women have experienced spousal violence during a pregnancy. A 2017 study of India, Nepal, and Bangladesh by BMC Pregnancy Childbirth found Gender Based Violence to be a risk factor for unintended pregnancies among adolescent and young adult married women. &nbsp;&nbsp;
Also watch: <a href="https://www.editorji.com/india-news/sc-both-married-and-unmarried-women-can-undergo-abortion-till-24-weeks-of-pregnancy-1664431937060">Supreme Court rules all women entitled to safe, legal abortion</a>
While the recognising marital rape as valid grounds to terminate a pregnancy is a step in the right direction, there is still some distance to travel towards complete criminalisation. At the moment, Exception 2 of Section 375 of the Indian Penal Code decriminalises marital rape and holds that sexual intercourse by a man with his own wife, the wife not being under 18, is not rape. Following a split verdict by the Delhi High Court, the matter is now in front of the Supreme Court. The court has also sought a response from the Centre on a clutch of petitions against the Delhi high court&rsquo;s verdict on the issue, but put the next hearing after five months.
Could the inclusion of marital rape as rape under the ambit of MTP point to a larger paradigm shift in our court's standing on the matter? Time will tell.&nbsp;

The Supreme Court has issued notice to Centre amd others on pleas against Delhi High Court's split verdict on issue relating to criminalising marital rape matter. The SC agreed to examine pleas relating to issue on criminalising marital rape.Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
The high court on May 11 delivered a verdict with one of the judges favouring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives, the other refused to hold it unconstitutional.
However, both the judges had concurred with each other for granting the certificate of leave to appeal to the Supreme Court in the matter as it involves substantial questions of law that requires a decision from the apex court.

Marital Rape Case: Supreme Court agrees to reexamine Delhi High Court's split verdict, issues notice to Centre

Marital rape: SC agrees to reexamine Delhi High Court's split verdict, issues notice to Centre

Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
&nbsp;

Marital Rape Case : The Supreme Court has issued notice to Centre and others on pleas against Delhi High Court's split verdict on criminalisation of marital rape.&nbsp; The SC agreed to examine pleas relating to issue on criminalising <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-history-the-issue-1662112424090">marital rape</a>. It has listed the matter in February 2023 for further hearing. &nbsp; Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
Also watch: <a href="https://www.editorji.com/india-news/marital-rape-judgment-delhi-high-court-announces-split-verdict-one-judge-against-exemption-for-husbands-the-other-disagrees-1652259637522">What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375</a>
The <a href="https://www.editorji.com/india-news/delhi-high-court-justice-jasmeet-singh-s-unique-settlement-clean-yamuna-for-45-days-1655109715042">Delhi high court</a> on May 11 delivered a verdict with one of the judges favouring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives, the other refused to hold it unconstitutional.
However, both the judges had concurred with each other for granting the certificate of leave to appeal to the <a href="https://www.editorji.com/india-news/local/2-yrs-after-arrest-kerala-journalist-siddique-kappan-gets-bail-from-supreme-court-1662717267185">Supreme Court</a> in the matter as it involves substantial questions of law that requires a decision from the apex court.
Also watch: <a href="https://www.editorji.com/india-news/criminalisation-of-marital-rape-could-open-floodgates-of-false-cases-centre-1643471968014">Criminalisation of marital rape could open floodgates of false cases: Centre</a>

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