"Meaning Of Rape Includes...": Court Verdict On Abortion Marks Big Step On Marital Rape

Landmark verdict in case by unmarried woman who challenged different rules for allowing abortion based on marital status

Ruling that all women, no matter married or not, are entitled to abortion rights, the Supreme Court today also took a step towards defining marital rape. It stopped short of criminalising forcible sex by a husband, but said abortion would be allowed in such cases under the Medical Termination of Pregnancy (MTP) Act. There will be no prerequisite of a case to be filed for sexual assault, rape or incest, it added.

"A woman may get pregnant as a result of non-consensual sexual intercourse performed upon her by her husband. Existing Indian laws recognise various forms of violence," said the bench headed by Justice DY Chandrachud.

"Married women may also form part of class of survivors of sexual assault or rape," it added, "Ordinary meaning of the word rape is sexual intercourse with a person without their consent or against their will, regardless of whether such forced intercourse occurs in the context of matrimony."

"Notwithstanding Exception 2 to Section 375 of the Indian Penal Code, the meaning of the word 'sexual assault' or 'rape' in rule 3(b)(a) includes husband act of rape or sexual assault committed on wife," the court said. The exception states that sexual intercourse by a man with his wife is not rape unless she is below 15.