Contravening reproductive autonomy through abortion takes away consent for sexual act: Delhi Court

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A woman exercising sexual autonomy through consent cannot be additionally presumed to have also consented for violation of her reproductive rights, a Delhi court held recently while denying bail to a man accused of raping a woman several times and forcing her to abort [State v. Shubham Singh].

Important points:

"While parties in a consensual relationship may be on an even keel when sexual relations are of a consistent and long duration, the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent which may have been given for the sexual act itself,"-Additional Sessions Judge Vishal Gogne.

“This is a flawed construction of the concept of bodily/sexual autonomy of a person/female. The exercise of sexual choices by a woman does not vest any corresponding right in the partner to sexually exploit her. The woman does not forsake her other rights, including reproductive rights either when she enters into a sexual relationship with a partner."

“… the misconception of fact, allegedly suffered by the complainant, is not restricted to the faith of marriage but includes abuse of her reproductive choices. While parties in a consensual relationship may be on an even keel when sexual relations are of a consistent and long duration, the act of contravening reproductive autonomy through multiple pregnancies and abortions takes away the element of consent which may have been given for the sexual act itself.”