Although the protection granted to marital rape under the penal provision for rape in the Indian Penal Code is under challenge and pending in the Supreme Court, today’s judgment recognizes it under its application in civil law such as the MTP Act. Bench of Justice DY ChandrachudIt is not unimaginable, said AS Bopanna, JB Pardiwala married Women become pregnant as a result of being “raped” by their husbands which may be grounds for abortion of unwanted pregnancy.
“Married women can also become part of a survivor of sexual assault or rape. The general meaning of the term ‘rape’ is sex with a person without their consent or against their will, even if such forced intercourse occurs Whether or not the context of marriage. A woman can become pregnant as a result of non-consensual intercourse performed by her husband with her. We do not hold that intimate partner violence is a reality and may take the form of rape,” the bench said. Chandrachud, who wrote the verdict for
“The misconception that strangers are exclusively or almost exclusively attributable to sex- and gender-based violence is a deeply regrettable one. Gender- and gender-based violence (in all its forms) in the family context has long been a part of the live experience of many women,” the bench said.
The court held that the MTR Act and the IPC are applicable in different areas and construed “rape” under the MTP Act as the offense of rape, including marital rape, does not have the effect of removing exception 2 of section 375, the validity of which has been decided. Another bench to be done by whom.
“It is not inconceivable that married women become pregnant as a result of “rape” by their husbands. The nature of sexual violence and the framework of consent do not change when one decides to marry. The institution of marriage is not affected. answers the question whether the woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”
“Notwithstanding exception 2 to section 375 of the IPC, in rule 3B(a), the meaning of the words “sexual assault” or “rape” includes sexual assault or act of rape committed by a husband on his wife. Rape means therefore must be fully understood to include marital rape for the purposes of the MTP Act and any rules and regulations made thereunder. Any other interpretation compels a woman to give birth and to raise a child with a partner would have the effect of doing harm to those who affect him mentally and physically,” the bench said.
The court also held that in case of pregnancy arising out of sexual assault, it is not necessary that the offender should be convicted or criminal case registered before the abortion of the pregnant woman,
Following a divided verdict by the Delhi High Court on whether marital rape can be brought within the purview of the offense of rape, which is currently exempted, the Supreme Court decided to examine the issue and sought a response from the Centre.
Justice Rajiv’s Bench Shakdhar and C Hari Shankar The HC differed in their reading of the exception under Section 375 IPC which protects husbands from charges of rape by wives.
Justice Shakdher, who presided over the Bench, had favored the abolition of the exception of marital rape and observed that if a married woman’s demand for justice is not heard even after 162 years of the enactment of the Indian Penal Code (IPC), it would will be sad But Justice Shankar had held that the exception under the rape law is not unconstitutional and was based on a sensible distinction having a rational relationship with the object of the exception as well as Section 375 (rape) of the IPC.
As the High Court allowed the parties to approach the Supreme Court for a final decision on the matter, saying it involved substantial questions of law, which required the apex court’s decision, the PILs approached the apex court. filed an appeal in
The HC’s split decision came on PILs filed by NGO RIT Foundation, All India Democratic Women’s Association, a man and a woman in 2015 and 2017, seeking to do away with the exception given to husbands under the Indian rape law. Later two NGOs – Men Welfare Trust (MWT) and Hreedy – joined the proceedings opposing the batch of petitions seeking criminalization of marital rape.
Agreeing to hear his plea, the apex court issued notice on petitions challenging Exception 2 to Section 375, which states that rape charges against a man having non-consensual sex with his wife. Allegations cannot be made. The bench said a similar matter is also pending in the court and has fixed February for hearing the matter.