Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 351
Mains level: Paper 1- Diversity and complexity of India
Context
Given the diversity and complexity of India, the only constitutionally valid common denominator is citizenship.
Social security
- An eminent sociologist and former president of the International Sociological Association, T.K. Oommen, has written extensively on the concept of social security.
- Evolution of nation: He says the principal challenges to the evolution of a nation lie in minimising disparity, eradicating discrimination, and avoiding alienation.
- Excluded groups in our society: He has listed nine categories of socially and/or politically and/or excluded groups in our society: “Dalits, Adivasis, OBCs, cultural minorities — both religious and linguistic, women, refugees-foreigners-outsiders, people [of] Northeast India, the poor and the disabled”.
- Sources of exclusion in India: He has suggested that “the three sources of exclusion in India — stratification, heterogeneity and hierarchy — create intersectionality.”
- This insecurity manifests itself in genocide, culturocide and ecocide and in its absence, a society may be conceptualised as secure.
- The Indian polity, he says, “has the most elaborate set of identities based on class, religion, gender, caste, region, language and their intersectionalities as well as consequent permutations and combinations.
- Citizenship as a common denominator: Given the diversity and complexity of India, the only constitutionally valid common denominator is citizenship.
- This is the point at which fraternity can and should be practiced among equals.
- Prof. Oommen opines that it is “only through the conflation of state and nation” can our Republic be considered a nation.
Conclusion
Cultural monoism and secularism are insufficient, Prof. Oommen says; instead, “the idea of conceptualizing India as a multicultural polity is more amenable than a secular India.” The sheet anchor of this has to be citizenship.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Termination of pregnancy as an unconditional right
Context
The issue of abortion is in the news again, internationally.
Criminal law provisions related to termination of pregnancy
- Under the general criminal law of the country, i.e. the Indian Penal Code, voluntarily causing a woman with child to miscarry is an offence attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
- A pregnant woman causing herself to miscarry is also an offender under this provision apart from the person causing the miscarriage, which in most cases would be a medical practitioner.
Background of the MTP Act
- In 1971, after a lot of deliberation, the Medical Termination of Pregnancy (MTP) Act was enacted.
- This law is an exception to the IPC provisions above.
- Who, when, where, why and by whom? The law sets out the rules — of when, who, where, why and by whom — for accessing an MTP.
- This law has been amended twice since, the most recent set of amendments being in the year 2021 which has, to some extent, expanded the scope of the law.
- The law does not recognise and/or acknowledge the right of a pregnant person to decide on the discontinuation of a pregnancy.
- The law provides for a set of reasons based on which an MTP can be accessed.
Reasons allowed for MTP
- Reasons: The continuation of the pregnancy would involve a risk to the life of the pregnant woman or result in grave injury to her physical or mental health.
- The law explains that if the pregnancy is as a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent a pregnancy, the anguish caused by the continuation of such a pregnancy would be considered to be a grave injury to the mental health of the pregnant woman.
- The other reason for seeking an MTP is the substantial risk that if the child was born, it would suffer from any serious physical or mental abnormality.
- A pregnant person cannot ask for a termination of pregnancy without fitting in one of the reasons set out in the law.
- Gestational age of pregnancy: The other set of limitations that the law provides is the gestational age of the pregnancy.
- The pregnancy can be terminated for any of the above reasons, on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age.
- From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
- Any decision for termination of pregnancy beyond 24 weeks gestational age, only on the ground of foetal abnormalities can be taken by a Medical Board as set up in each State, as per the law.
- The law, as an exception to all that is stated above, also provides that where it is immediately necessary to save the life of the pregnant woman, the pregnancy can be terminated at any time by a single registered medical practitioner.
Issues with the MTP Act provisions
- While India legalised access to abortion in certain circumstances much before most of the world did the same, unfortunately, even in 2020 we decided to remain in the logic of 1971.
- Right to health and right to life: By the time the amendments to the MTP Act were tabled before the Lok Sabha in 2020, a number of cases came before the courts.
- In these cases, the courts had articulated the right of a pregnant woman to decide on the continuation of her pregnancy as a part of her right to health and right to life, and therefore non-negotiable.
- Violation of right to privacy: In right to privacy judgment of the Supreme Court of India it was held that the decision making by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life.
- The standards set out in this judgment were also not incorporated in the amendments being drafted.
- Not in sync with central laws: The new law is not in sync with other central laws such as the laws on persons with disabilities, on mental health and on transgender persons, to name a few.
- In conflict with other laws: The amendments also did not make any attempts to iron out the conflations between the MTP Act and the Protection of Children from Sexual Offences (POCSO) Act or the Drugs and Cosmetics Act, to name a few.
Conclusion
While access to abortion has been available under the legal regime in the country, there is a long road ahead before it is recognised as a right of a person having the capacity to become pregnant to decide, unconditionally, whether a pregnancy is to be continued or not.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Persistence of marital rape and need for its criminalization
Two judges of the Delhi High Court gave a split verdict on the question of criminalising rape within marriage, leaving the law unchanged.
Seems like the matter will now be referred to a larger bench.
What is Marital Rape?
- Marital rape is the act of sexual intercourse with one’s spouse without her consent.
- It is no different manifestation of domestic violence and sexual abuse.
- It is often a chronic form of violence for the victim which takes place within abusive relations.
What is the news?
- One of the Judge struck down as unconstitutional the exception to Section 375 of the IPC, which says that sexual intercourse by a man with his wife aged 18 and above is not rape even if it is without her consent.
- However, another Judge said that issue requires consideration of social, cultural and legal aspects.
Outcome of the split verdict: Preserving the institution of marriage
The Centre’s concern that criminalising marital rape may destabilise the institution of marriage is a “legitimate” one, said the HC.
- Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
- Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
- Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
- Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
- Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
- Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
- Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the judge said.
Then what is the remedy for such ‘Marital Rapes’?
- Section 3 of the Protection of Women from Domestic Violence Act, 2005 provides a definition for domestic violence, which includes physical, sexual, verbal and emotional abuse.
General reasons for disapproval of this concept
- The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
- Traditional views of marriage
- Interpretations of religious doctrines
- Ideas about male and female sexuality
- Cultural expectations of subordination of a wife to her husband
- It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.
Why it must be a crime?
- Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
- Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
- Compulsive relationship: Marital rape may occur as part of an abusive relationship.
- Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
- Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.
Violation of fundamental rights
- Marital rape is considered as the violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
- By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.
Global examples
- Marital rape immunity is known in several post-colonial common law countries.
- Australia (1981), Canada (1983), and South Africa (1993) have enacted laws that criminalise marital rape.
- The UK in 1991 arrived at a consensus that a rapist remains a rapist subject to the criminal law, irrespective of his relationship with his victim.
- However, in 2003 marital rape was outlawed by legislation in the UK.
Problems in prosecuting marital rape
- Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
- Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
- Acceptability of the concept: Another problem results from prevailing social norms that exist.
Present regulations in India
- Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
- However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
- Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
- According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
- They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.
However, marital rape is still not a criminal offence in this case and is only a misdemeanour.
Arguments against criminalization
- Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
- Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
- Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.
Way forward
- Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
- In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
- The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
- Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Green Manure
Mains level: Soil Health Management
The Punjab agriculture department is promoting the cultivation of green manure these days.
What is the news?
- Punjab Agro is providing subsidy on the seed at the rate of Rs 2,000 per quintal, which costs Rs 6,300 per quintal without subsidy
- The farmers can avail its seed from the block level offices of the agriculture department as limited stock is available.
What is Green Manure?
- Green manures are crops grown specifically for maintaining soil fertility and structure.
- It is done by leaving uprooted or sown crops parts, allowing them to wither onto the field and serve as mulch and soil fertilizers.
- They are normally incorporated back into the soil, either directly, or after removal and composting.
- There are three main varieties of green manure, including
- Dhaincha
- Cowpea
- Sunhemp
- Also some crops such as summer moong, mash pulses and guar act as green manure.
- They can be sown after wheat cultivation
Characteristics of green manure
- Green manure must be leguminous in nature
- They must bear maximum nodules on its roots to fix large amount of atmospheric nitrogen in the soil.
Various policy initiatives
- Under Sub- Mission on Seed and Planting Material (SMSP), the govt. provides 50% cost assistance for the distribution of green manure required for a one-acre area per farmer.
- The Paramparagat Krishi Vikas Yojana (PKVY) promotes cluster-based organic farming with PGS (Participatory Guarantee System) certification.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pantanal Wetlands
Mains level: Not Much
The world’s largest wetland, the Pantanal in South America, is at the risk of collapse due to legal land-use decisions and proposals.
About Pantanal
- The Pantanal is a natural region encompassing the world’s largest tropical wetland area, and the world’s largest flooded grasslands.
- It is located mostly within the Brazilian state of Mato Grosso do Sul, but it extends into Mato Grosso and portions of Bolivia and Paraguay.
- It sprawls over an area estimated at between 140,000 and 195,000 square kilometres.
- Various subregional ecosystems exist, each with distinct hydrological, geological and ecological characteristics; up to 12 of them have been defined.
- Roughly 80% of the Pantanal floodplains are submerged during the rainy seasons, nurturing a biologically diverse collection of aquatic plants and helping to support a dense array of animal species.
Significance of Pantanal
- The Pantanal is a refuge for iconic wildlife. This massive wetland has the largest concentration of crocodiles in the world, with approximately 10 million caimans.
- Jaguars, the largest feline in the Americas, hunt caiman in the Pantanal, which has one of the highest density of jaguars anywhere the world.
Threats
- Around 95% of the Pantanal is under private ownership, the majority of which is used for cattle grazing.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Marital rape
Context
On May 10, 2022, a two-judge bench of the Delhi High Court gave a split ruling on marital rape, thus ensuring a future hearing in the Supreme Court.
Why rape and marriage were seen as mutually exclusive
- The concepts of rape and marriage were seen as mutually exclusive – they could not be brought together.
- Across the world, and till very recently, marriage has been explicitly treated as being outside the purview of rape.
- Even in the Western countries that we associate with the more “advanced” practices of gender equality, marital rape was treated as an exception to the crime of rape till the early 1990s.
- In the absence of a universal definition, several scholars take marriage to be an institution where a man and a woman live together, have sexual relations and engage in cooperative economic activity.
- Link between marriage and property: Others have emphasised the link between marriage and property.
- The dominant form of marriage in the modern West became quite distinctly patriarchal, visible in late 18th-century British law, for instance, whereby a wife became the property of her husband upon marriage.
- Husbands, therefore, had the right to access their wives sexually, without the question of coercion or consent being on the horizon in the first place.
- As property, wives had to be protected from the (illegal) sexual access of other men, and here too, their consent was irrelevant.
Introduction of marital rape
- If what distinguishes the relationship of husband and wife from other relations between men and women is the legitimate expectation of sexual relations, then the introduction of marital rape signals the entry of a new and equally legitimate expectation: A wife’s consent to sexual relations is essential, and in this, she is no different from other women.
- Husbands no longer enjoy unquestioned rights over the bodies of their wives — this is what it means for a wife to be a person with bodily integrity.
Conclusion
It is strange, indeed, that most parts of the world, India included, became modern while continuing to believe that wives are the property of husbands.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now