![]() The bench had then said that its judgment will be shaped in such a way that the provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act are not diluted. She submitted that according to experts, categorisation has been done to curb the misuse of laws, including sex determination of the foetus. The bench had noted that the provisions in the MTP rules needed to be fine-tuned, and in the seven categories of women eligible to seek abortion till 24 weeks of pregnancy, it would add a category of women who suffer desertion, irrespective of marital status.Īdditional Solicitor General Aishwarya Bhati, appearing for the Centre and assisting the court on the issue, had contended that there is no discrimination under the MTP (Amendment) Act, 2021, and categorisation has been provided in the relevant rules under the Act. This is important to save the woman from a forceful pregnancy.” THE CASEĪ bench of Justices DY Chandrachud, JB Pardiwala and AS Bopanna had on August 23 reserved its verdict on the issue of interpretation of the MTP Act, saying it would interpret the Act in such a manner that discrimination between married and unmarried women is removed to allow abortion till 24 weeks of pregnancy. It, however, added that “… the meaning of rape must be understood to be marital rape solely for the purposes of MTP Act. “Rights of reproductive autonomy, dignity and privacy give an unmarried woman the right of choice on similar footing as a married woman,” the bench added. “Law shouldn’t decide beneficiaries of a statute based on narrow patriarchal stereotypes on what constitutes ‘permissible sex’,” said the court. “Decision to carry pregnancy or terminate is part of woman’s bodily autonomy,” the court said, while also adding that every pregnant woman has the right to choose without permission. The landmark judgment came on a petition filed by a 24-year-old seeking medical termination of her pregnancy. In this case also, woman may get forcefully pregnant… Any pregnancy alleged to be caused by force is rape.” Ruling that married women may also form a part of class of survivors, Justice Chandrachud said: “Rape means sexual intercourse without consent and intimate partner violence is a reality. More significantly, shedding light on the grey area in legal system, the Supreme Court also held that: “Under the MTP Act, rapes shall also include marital rape… Sexual assault by husbands can take a form of rape.” ![]() ![]() “The distinction between married and unmarried woman for the purposes of the MTP Act is artificial and constitutionally unsustainable and it perpetuates the stereotype that only married women indulges in sexual activities,” the bench added, holding that the decision to abort is “her prerogative”. The 2021 Statement of Objects doesn’t differentiate between married and unmarried women,” a bench headed by Justice DY Chandrachud and comprising Justices AS Bopana and BV Nagrathna said. “All women are entitled to safe and legal abortion… The interpretation of MTP has to reflect the societal realities. The top court’s ruling came a day after the world marked Safe Abortion Day as it was interpreting the Medical Termination of Pregnancy (MTP) Act and the related rules visa-vis the discrimination between married and unmarried women to allow abortion till 24 weeks of pregnancy. Sexual assault by husband can take the form of rape, the Supreme Court said in the first legal recognition of marital rape in the country on Thursday, while also ruling that unmarried women are entitled to seek abortion of pregnancies arising out of a consensual relationship at 20-24 weeks.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |