‘Married woman’s forceful pregnancy can be considered marital rape’

The Supreme Court on Thursday said that forceful pregnancy of a married woman can be treated as “marital rape” for the purposes of abortion. In a landmark ruling on women’s reproductive rights and bodily autonomy, a bench headed by Justice DY Chandrachud said, “Any pregnancy alleged to be caused by force by a pregnant woman is rape.”The bench which also included Justices AS Bopanna and JB Pardiwala, said that marital rape has to be considered as falling within the meaning of ‘rape’ for the purpose of the Medical Termination of Pregnancy Act and Rules and in order to save women from forceful pregnancy. “Married women may also form the part of the class of survivors of sexual assault or rape.The ordinary meaning of the word rape is sexual intercourse with a person without consent or against their will. Regardless of whether such forced intercourse occurs in the context of matrimony, a woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband,” said the bench. Pronouncing the judgement the bench said, “We would be remiss in not recognising that intimate partner violence is the reality and can take the form of rape.