SC moves the needle on marital rape debate: for MTP purposes, it is rape

Source: The post is based on the article “SC moves the needle on marital rape debate: for MTP purposes, it is rape” published in Indian Express on 30th September 2022.

What is the News?

The Supreme Court has recently given its verdict on the termination of pregnancy under the Medical Termination of Pregnancy(MTP) Act. It said that for abortion, marital rape would be recognised as rape.

What was the court’s ruling on abortion due to marital rape?

The Supreme Court has held that the meaning of rape must be held to include “marital rape” for the purpose of the Medical Termination of Pregnancy Act and Rules.

It held that wives, who conceived out of forced sex by their husbands will also come within the ambit of survivors of sexual assault or rape or incest under the MTP Act. Hence, she can also go for an abortion without the requirement of anybody else’s consent. 

However, the court clarified that its interpretation only applies to the Medical Termination of Pregnancy Act and would not have any effect on the challenge to the marital rape exception under the Indian Penal Code that is pending before the Supreme Court.

What is the significance of this judgment?

Experts see this as a first step in the direction of eventually removing the marital rape immunity in law.

Note: Section 375 of the Indian Penal Code defines the offence of rape, but carves out an exception for sexual intercourse between a married couple.