Supreme Court has recently held that marital rape would also form a part of ‘Rape’ for the purpose of Medical Termination of Pregnancy Act and Rules.

The Bench of Justice DY Chandrachud, Justice AS Bopanna, and Justice J.B. Pardiwala observed –

“Notwithstanding Exception 2 to Section 375 of the IPC,85 the meaning of the words “sexual assault” or “rape” in Rule 3B(a) includes a husband’s act of sexual assault or rape committed on his wife. The meaning of rape must therefore be understood as including marital rape, solely for the purposes of the MTP Act and any rules and regulations framed thereunder. Any other interpretation would have the effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.”

The Court also added that marital assault merely forms part of long list of deeds that amount to violence in the context of the family.

Furthermore, the Court also observed, “It is not inconceivable that married women become pregnant as a result of their husbands having “raped” them. The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a 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.”

Further, the Bench also highlighted that a woman need not prove the commission of rape or sexual assault to seek termination of pregnancy under the MTP Act .

Case Title – X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.