On Thursday, in a major ruling, the Supreme Court has observed that an unmarried woman can undergo abortion upto 24 weeks on par with that of married women under the Medical Termination of Pregnancy Act.

The three-Judge Bench comprising of Justice D.Y. Chandrachud, Justice A.S. Bopanna and Justice J.B. Pardiwala also observed sexual assault by husbands can take the form of rape and the meaning of rape must include the meaning of marital rape under the MTP Act and Rules for the purposes of abortion.

The above observation is major development considering the fact that the Top Court is also considering the matter of exclusion of of 'Marital Rape' under Secrtion 376 IPC as petition against the Delhi High Court's split verdict has been filed.

The Bench has delivered this view in issue of as to whether an unmarried woman can seek abortion of pregnancy of 20-24 weeks term in a consensual relationship.

Noting that exclusion of 'unmarried woman' is unconstitutional, the Court clarified that the 2021 amendment to the Medical Termination of Pregnancy Act does not make a distinction between married and unmarried women.

It thus ruled that the meaning of Rape must be held to include 'Marital Rape' for the purpose of the Medical Termination of Pregnancy Act and Rules and wives, who conceived out of forced sex by their husbands, should also come within the ambit of 'survivors of sexual assault or rape or incest' mentioned in Rule 3B(a) of the Medical Termination of Pregnancy Rules.

"Married women may also form the part of the class of survivors of sexual assault or rape. The ordinary meaning of the word rape is sexual intercourse with a person without consent or against their will. Regardless of whether such forced intercourse occurs in the context of matrimony, a woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband." the Court stated.

The Bench remarked that it cannot turn face on the harsh reality of 'sex and gender based violence' existing in family settings and in intimate relationships as well.

"We would be remiss in not recognising that intimate partner violence is the reality and can take the form of rape. The misconception that strangers are exclusively or almost exclusively responsible for sex and gender based violence is a deeply regrettable one. Sex and gender based violence in all its form in the context of family has long formed a part of the lived experiences of women", the Court said.

On event of International Safe Abortion Day 2022, the Indian Supreme Court has come our with this remarkable and progressive rulibng in terms of abortion and women rights.

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