The observation came during judgment where it was interpreting the Medical Termination of Pregnancy Act and the rules to eliminate discrimination between married and unmarried women for allowing abortion till 24 weeks of pregnancy.
In a historic verdict, the Supreme Court on Thursday recognised marital rapes. The apex court said that under the Medical Termination of Pregnancy (MTP) Act, rapes shall also include marital rape.
Recommended ArticlesView All
Income tax portal enables co-browsing feature — How does it help you in ITR filing?
IST4 Min(s) Read
Cap on TV channels as part of bouquet raised to Rs 19. How revised TRAI rule will impact broadcasters
IST3 Min(s) Read
Why are private banks going old school and opening more branches?
IST3 Min(s) Read
The sexual assault by husbands can take the form of rape, added the court. The observation challenged the Delhi High Court's split verdict on marital rape, and the case is also pending before another bench of the Supreme Court.
The observation came during judgment where the top court was interpreting the Medical Termination of Pregnancy Act and the rules to eliminate discrimination between married and unmarried women for allowing abortion till 24 weeks of pregnancy.
"Excluding unmarried woman from terminating pregnancy beyond 20 weeks is violative of Article 14," a Bench of Justices DY Chandrachud, AS Bopanna, and JB Pardiwala.
As per the MTP Rules, only survivors of rape, minors, women whose marital status changed during pregnancy, mentally-ill women, or women with foetal malformation are allowed to terminate pregnancy upto 24 weeks.
In cases of pregnancy due to a consensual sexual relationship, termination of pregnancy is allowed only upto 20 weeks as per the Act and Rules.
On July 21, the Supreme Court had allowed a pregnant unmarried woman to abort her 24-week foetus. The order came after the Delhi High Court had refused to allow an unmarried woman to undergo medical termination of pregnancy at 23 weeks, observing it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship.
First Published: IST