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Marital rape amounts to rape for abortion purposes; Rules SC

The Medical Termination of Pregnancy (MTP) Act allows for the medical termination of pregnancies, and the Supreme Court issued its ruling on the matter on Thursday. The Supreme Court made a history-making decision that marital rape shall be recognised as rape for the purposes of abortion. According to the highest court, rape under the terms of the legislation would also be recognised for sexual assault perpetrated by a husband against his wife. As part of the MTP legislation, marital rape would be included in the definition of rape, it was further said.

A dispute involving the MTP act’s requirement that unmarried women have the same rights to abortion as married women was being heard in court at the time. According to the court’s ruling, regardless of a woman’s marital status, she has the right to a safe and legal abortion. This is good news for all unmarried women in the nation.

In its ruling, the Supreme Court made it quite apparent that there must be any discrimination in the abortion process between married and single women. The highest court said that ‘all women in India have the right to a safe and legal abortion’.  The court noted in its decision that married women can potentially be rape and sexual assault survivors. It was noted that a woman might become pregnant as a result of extramarital intercourse with her spouse.


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