Indian Supreme Court extended abortion rights up to 24 weeks, called marital rape is a concern

Indian Supreme Court recognized extended abortion rights to 24 weeks, considering even if it is borne out of a married relationship. As per the judgement, Indian Supreme Court ruled in its reproductive rights judgement in X v. The principal Secretary, Health and Family Welfare department, Govt. of NCT of Delhi & Anr. that ‘rape’ includes marital rape for the purposes of the regulation of abortions and medical termination of pregnancy in the country, described by Vedika Chawla, a law student in a piece of writing. It is considered as a critical decision taken by Indian Supreme Court in favor of women community. Where United States recently, passed a disputed order regarding a similar case, India is been appreciated for bringing this into light. 

Court gave legal permission to that all women regardless of their marital status have the right to an abortion up until 24 weeks, reported by Press Trust of India Agency. According to Medical Termination of Pregnancy Act 1971, it is applicable only on married women or in cases of rape or a threat to the mother’s life until 20 weeks. Supreme Court took this decision in regards to a case of an unmarried woman who has asked for the legal permission to terminate her pregnancy from a consensual relationship. The matter cropped up and activists for women rights made sure to do what could be done from their end. Hema is a social service volunteer and a women rights activist who has spent adequate period of her life in working for women rights. ‘Well, I am working in this area before this case got public attention. Giving right to a woman to decide what to do with her body is an important and consequential decision for women community in India. A sex where there is no mutual consent is considered rape irrespective of whatever relation the two of them shares. Considering the abortion right and giving it to women to decide is celebration for us but we have a long way to go’, she said.

According to Hema, a rape victim has to go through enough physically and mentally, and with dealing with a pregnancy borne out of a rape affects mental health of a woman. She said, ‘I have met number of rape victims and have learned it is quite difficult for them to come back to their normal life. It takes months, years and sometimes lifetime to cope with a harsh reality. A victim is introduced to therapies, counseling sessions, meditations and medications to come out of it.  And in addition, pregnancy in some cases leads to a new depression to a victim, in terms of physical changes, financial help, and a flashback of sexual harassment. It is a delicate matter containing both physical and mental trauma that needs to be handled with care.’  The court order reads, ‘We would be remiss in not recognizing that intimate partner violence is a reality and can take the form of rape. The misconception that strangers are exclusively or almost exclusively responsible for sex and gender based violence is a deeply regrettable one. Sex and gender based violence (in all its forms) within the context of the family has long formed a part of the lived experiences of scores of women’.

Hema believes the day is not far when ‘marital rape’ will be considered under the law. ‘Actually, the number of marital rape might be higher due to the internal matters of a family. A husband in India is said to be a god and that a good wife always obey her husband and his family. Here, it all starts, where women are not taught to raise their voice against their husbands but to follow their decisions. And you all will be surprise to know that this domestic scenario is seen in elite families too’, she told EAT news. She further added that during the past judgement, Court almost recognized the marital rape as a crime and we are counting on Indian jurisdiction for the same. Several local campaigns around sexual and domestic violence come and go. But it should be taken up by central administration too for spreading awareness, as per Hema. ‘We hear numerous slogans, campaigns, workshops around such sensitive matters but it is not making any impact on the population of rural areas. They neglect all of it. I think it is important that central administration leaders should speak about it in public events; they should mention it briefly with a proper understanding of the subject. Since people identify them as their idols and heroes, picking up a right topic for country’s progress should be a priority’, she said.

Sexual violence against women has only got higher in India with years. Statistics says, 28,000 rape cases were reported against women in 2020. The pandemic year, when the countries were shut, sexual violence cases were not, in India.