ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Marital RapeSubscribe to Marital Rape

A Step Forward for Abortion Rights and a Blow to the Marital Rape Except

The Supreme Court of India has recently held that Rule 3B of the Medical Termination of Pregnancy (Amendment) Act, 2021, which details the categories of women who are eligible for termination of pregnancy up to 24 weeks, should be interpreted to include any woman who has undergone a material change of circumstances. It also holds that marital rape would be rape for the purposes of the MTP Act.

Why Should the Marital Rape Exception be Removed?

The marital rape exception must be removed as it is no longer legally tenable in light of the Supreme Court decisions in various cases. Contrary to arguments that the central government has advanced repeatedly, these decisions hold that marriage does not mean there is irrevocable consent for sexual intercourse, and that a regressive practice cannot be used to ensure the stability of marriage.

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