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  • Places in news: Kerch Bridge

    kerch

    Central Idea

    • The Kerch Bridge, linking the Russian mainland to the Crimean Peninsula, suffered an attack by Ukrainian sea drones, leading to retaliatory actions by Russia.

    About Kerch Bridge

    • The Kerch Bridge, across the Kerch Strait, is 19 km long and has two parallel rail and roadways.
    • It was opened in 2018 by Russian President Vladimir Putin with great fanfare, four years after Russia annexed Crimea from Ukraine through a contested referendum.
    • It is also a symbol of Russia’s control over Crimea, annexed in 2014.
    • It holds symbolic importance for Russia, as it provides direct connectivity between the mainland and the annexed Crimea.

    Significance of the Kerch Bridge for Russia

    • Establishing Connectivity: Following the annexation of Crimea in 2014, the bridge was constructed to secure a “land bridge” between mainland Russia and Crimea.
    • Logistical Supply Link: The bridge plays a critical role in facilitating logistical supplies to Russian troops in southern Ukraine.
    • Strategic Vulnerability: The bridge remains within range of Ukrainian fire, making its security vital for Russia’s military operations.
  • Section 69 (A) of IT Act

    Central Idea

    • The Indian government has exercised its powers under Section 69(A) of the Information Technology Act, 2000.
    • It requested Twitter and other social media platforms to remove a video depicting the naked parade and sexual assault of two Manipur women.

    What is Section 69(A) of the IT Act?

    • Empowering Content Takedown: Section 69(A) allows the government to issue content-blocking orders to online intermediaries like ISPs, web hosting services, search engines, etc.
    • Grounds for Blocking: Content can be blocked if it is considered a threat to India’s national security, sovereignty, public order, or friendly relations with foreign states, or if it incites the commission of cognizable offenses.
    • Review Committee: Requests made by the government for blocking content are sent to a review committee, which issues the necessary directions. Such orders are typically kept confidential.

    Supreme Court’s Verdict on Section 69(A)

    • Striking Down Section 66A: In the case of Shreya Singhal vs. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, which penalized the sending of offensive messages through communication services.
    • Section 69(A) Validated: The Court upheld the constitutionality of Section 69(A) of the Information Technology Rules 2009, noting that it is narrowly drawn and includes several safeguards.
    • Limited Blocking Authority: The Court emphasized that blocking can only be carried out if the Central Government is satisfied about its necessity, and the reasons for blocking must be recorded in writing for legal challenges.

    Other Rulings on Section 69(A)

    • Twitter’s Challenge: Twitter approached the Karnataka High Court in July last year, contesting the Ministry of Electronics and Information Technology’s (MeitY) content-blocking orders issued under Section 69(A).
    • Court’s Dismissal: In July of this year, the single-judge bench of the Karnataka HC dismissed Twitter’s plea, asserting that the Centre has the authority to block tweets.
    • Extending Blocking Powers: Justice Krishna D Dixit ruled that the Centre’s blocking powers extend not only to single tweets but to entire user accounts as well.

    Conclusion

    • The application of Section 69(A) has been a subject of legal and societal debate, as it aims to balance national security and public order concerns with the protection of free speech and expression.
  • Short Duration Discussions in Parliament

    Central Idea

    • The Opposition called for the suspension of all other business under Rule 267 to discuss the Manipur issue, while the government preferred a “Short Duration Discussion” under Rule 176.
    • Understanding the nuances of these rules and their implications is essential for effective parliamentary discussions.

    Rule 267: Suspension of Business

    • Overview: Rule 267 allows Rajya Sabha MPs to suspend all listed business and engage in discussions on matters of national importance.
    • Consent and Suspension: As per the Rules of Procedure and Conduct of Business in Rajya Sabha, any member can seek the Chairman’s consent to suspend the application of a rule related to the day’s listed business.
    • Temporary Suspension: If the motion receives approval, the concerned rule is temporarily suspended.

    Short Duration Discussions under Rule 176

    • Brief Duration Discussions: Rule 176 facilitates short-duration discussions in Rajya Sabha, lasting up to two-and-a-half hours.
    • Notice and Explanatory Note: MPs desiring to raise urgent public matters must provide a written notice to the Secretary-General, including an explanatory note justifying the discussion.
    • Scheduling and Procedure: The Chairman, in consultation with the Leader of the Council, schedules the discussion without formal motions or voting.
    • Statement and Reply: The member who issued the notice presents a brief statement, followed by a concise reply from the Minister.

    Contention Surrounding Rule 267

    • Opposition’s Discontent: The Opposition expresses discontent as their notices under Rule 267 have not been addressed recently.
    • Past Precedents: In the past, several discussions on diverse subjects occurred under this rule during different Chairmen’s tenures.
    • Misuse of Rule: Experts suggest that Rule 267 is being misused as a substitute for the adjournment motion in Lok Sabha, where discussions involve motions with elements of censure, which do not apply to Rajya Sabha.

    Why discuss this?

    • Parliamentary debates hold significant value in addressing pressing public matters and discussing issues critical to the nation.
    • They provide a platform for representatives from various political parties to engage in informed discussions, leading to more effective decision-making and improved governance.
  • NITI Aayog suggests changes to APMC System

    apmc

    Central Idea

    • Experts from NITI Aayog have put forth recommendations to revamp the existing Agriculture Produce Marketing Committee (APMC) system in India’s agriculture sector.

    NITI Aayog

    • NITI Aayog stands for the National Institution for Transforming India. It is a policy think tank and a government institution in India.
    • It was established on January 1, 2015, to replace the Planning Commission, which was the central agency responsible for formulating India’s Five-Year Plans.
    • PM serves as the ex-officio Chairman of NITI Aayog.
    • It has a full-time Vice-Chairperson, who is usually a renowned economist or policy expert, and also includes several full-time members and special invitees.
    • Its primary objective is to provide strategic and policy inputs to the central and state governments in India with a focus on sustainable and inclusive development.

    What is APMC?

    • APMCs are created by state governments, reflecting agriculture’s status as a State List subject under the Indian Constitution.
    • APMC’s existence aims to safeguard farmers from exploitation by large retailers and maintain reasonable retail price spreads.
    • All food produce must first be brought to market yards and then sold through auction as per the Agricultural Produce Marketing Regulation (APMR) Act.

    Establishments of APMCs

    • British Raj Influence: The regulation of raw cotton under the Hyderabad Residency Order in 1886 marked the beginning of agriculture produce market regulation in India.
    • Royal Commission’s Recommendation: The 1928 Royal Commission on Agriculture recommended the regulation of marketing practices and the establishment of regulated markets.
    • Model Bill and Independence: The Government of India prepared a Model Bill in 1938, but significant progress was made only after India gained independence.
    • Enactment of APMR Acts: During the 1960s and 1970s, most states enacted and enforced Agricultural Produce Markets Regulation (APMR) Acts, bringing primary wholesale assembling markets under their ambit.

    Working of APMCs

    • APMCs operate on two principles:
    1. Ensure that farmers are not exploited by intermediaries (or money lenders) who compel farmers to sell their produce at the farm gate for an extremely low price.
    2. All food produce should first be brought to a market yard and then sold through auction.
    • Each state that operates APMC markets (mandis) establish their markets in different places within their borders, geographically dividing the state.
    • Farmers are required to sell their produce via auction at the mandi in their region.
    • Traders require a license to operate within a mandi.

    Key Reforms Suggested by NITI Aayog

    (1) Alternative Marketing Options

    • App-Based Sales and E-commerce: The experts suggest leveraging technology for app-based sales of farm produce by individual farmers or farmer groups. Additionally, they emphasize the potential of e-commerce and digital commerce as alternative marketing avenues.
    • Subsidy Reforms: To address the over-exploitation of groundwater due to free or highly subsidized power, they recommend direct payment of subsidy amounts to farmers and shifting to the metered power supply.

    (2) Modernizing Agriculture

    • Corporate Investments: The paper highlights that about 80% of investments in agriculture come from private sources, mainly farmers. However, the corporate sector’s involvement remains low, and they believe there is significant potential for corporate expansion in agribusiness.
    • Market Integration and Competition: Encouraging corporate investment in areas like warehousing, logistics, cold chain, food processing, and value chain development would improve market integration and competition over time and space.

    (3) Enhancing Farmer Income

    • High-Value Crops and Livestock Activities: To boost the income of farmers with small land holdings, the experts suggest enabling them to focus on high-value crops and livestock activities while supplementing their agricultural income with non-agricultural sources.
    • MSP Reforms: The Minimum Support Price (MSP) system should be designed to avoid market distortions. The paper proposes using a combination of procurement and price deficiency payment to pay MSP to farmers, linked to public distribution system needs, price stability, and strategic stocks.

    Earlier reforms: Three Farm Laws

    Reforms were passed in the form of three acts in 2020 (later repealed) which led to massive protests.

    1. Farmers’ Produce Trade and Commerce Act: This act aimed to promote and facilitate trade and commerce of farmers’ produce outside the physical boundaries of APMCs, allowing farmers to sell their produce in other markets and directly to buyers.
    2. Farmers Agreement on Price Assurance and Farm Services Act: This act empowered farmers to enter into agreements with buyers, ensuring a guaranteed price for their produce and access to various farm services.
    3. Essential Commodities Amendment Act: This amendment sought to remove restrictions on the movement and storage of essential commodities, promoting a more open market.

    Conclusion

    • Balancing Farmer Interests and Market Efficiency: While the reforms aim to create a more competitive and liberalized market, it is crucial to address farmers’ concerns and protect their interests.
    • Dialogue and Collaboration: To find common ground, constructive dialogue and collaboration between the government and farmers are essential in shaping the future of agricultural reforms.
  • Using name ‘INDIA’ in Political Alliances

    india

    Central Idea

    • A complaint has been lodged with the Delhi police against 26 Opposition parties for the alleged “improper use” of the name ‘INDIA’ in their newly formed alliance.

    Why discuss this?

    • The complainant argues that the parties have violated the Emblems and Names (Prevention of Improper Use) Act, 1950.
    • It has allegedly attempted to gain “undue influence” in elections by using the name ‘INDIA’ for their coalition.
    • It alleges that by naming their alliance as ‘INDIA’, they have attempted to exert undue influence on the electorate and may be prosecuted under Section 171F of the Indian Penal Code, 1860.

    About Emblems Act, 1950

    • The Emblems Act, 1950 aims to prevent the improper use of certain emblems and names for commercial and other purposes.
    • The Act seeks to protect the dignity and sanctity associated with national emblems, insignia, and names of international organizations.

    Key features of the Emblem Act

    Description Article/Sections
    Protected Emblems and Names Identifies specific emblems and names protected under the Act, including national emblem, UN emblems, Red Cross, and notified emblems.

    Ensures their dignity and sanctity.

    Section 3
    Prohibition of Improper Use Prohibits unauthorized use of protected emblems and names for commercial or misleading purposes.

    Maintains their integrity and respect.

    Section 5
    Offenses and Penalties Establishes penalties, including imprisonment and fines, for violating the Act’s provisions. Section 7
    Exceptions and Permitted Use Allows certain circumstances and purposes where use of protected emblems and names is permitted with relevant authorities’ permission. Section 4
    Enforcement and Authorities Grants powers to authorized Police for enforcement, investigation, and legal actions against violators. Section 8

     

  • India secures 80th rank on Henley Passport Index

    passport

    Central Idea

    • India has seen an improvement in its ranking on the Henley Passport Index 2023, climbing seven places to the 80th position from 87 last year.
    • However, despite the rise in ranking, the number of countries allowing visa-free access to Indian passport holders remains the same.

    What is Henley Passport Index?

    • The Henley Passport Index is a global ranking system that measures the strength and value of passports from different countries.
    • It is published by Henley & Partners, a global residence and citizenship advisory firm.
    • The index provides an annual ranking of passports based on the number of countries and territories their holders can travel to without requiring a visa or with visa-on-arrival access.

    How is it derived?

    • It takes into account data from the International Air Transport Association (IATA) and other reliable sources.
    • The index includes 199 passports and 227 travel destinations.
    • It assigns a “visa-free score” to each passport, which represents the number of destinations that can be visited without obtaining a visa in advance.
    • The higher the visa-free score, the stronger the passport.

    India’s Passport Performance in 2023

    • India is ranked 80th in 2023.
    • In 2014, India ranked 76th with 52 countries granting visa-free access to Indian passport holders.
    • Since then, its ranking has fluctuated, with positions of 88th (2015), 85th (2016), 87th (2017), 81st (2018), 82nd (2019 and 2020), and 81st (2021).
    • In the Henley Openness Index, which measures the number of nations allowing visa-free access, India ranked 94th out of 97 countries for permitting visa-free access to only four nations.

    Global scenario

    • Singapore Takes the Lead: Singapore has replaced Japan as the country with the most powerful passport, allowing its citizens visa-free access to 192 out of 227 travel destinations globally.
    • Other Top Countries: Germany, Italy, and Spain share the second position. The third position is shared by Austria, Finland, France, Luxembourg, South Korea, and Sweden.
    • Japan’s Position: Japan, previously holding the top position for five years, dropped to third place on the Henley Passport Index.
    • Pakistan: The country known for terrorism and the recent economic crisis has been ranked at 100 in the list. Citizens of Pakistan can travel to just 33 countries without applying for a visa.
  • Bacteriophages: The Good Viruses that fight Bacteria

    bacteriophage

    Central Idea

    • Viruses have had a significant impact on human history, causing deadly outbreaks of diseases.
    • However, not all viruses are harmful, and scientists are discovering the importance of the virome (bacteriophages).

    Do you know?

    Viromes and bacteriophages are closely related because bacteriophages, or phages for short, are a type of virus that specifically infects bacteria.

    Bacteriophages are considered part of the virome, as they contribute to the overall viral genetic material present in a given environment or organism.

     

    What are Virome?

    • What is it: They are the collection of viruses in our bodies contributing to our health, similar to the bacterial microbiome.
    • Bacteriophages: The majority of viruses inside us are bacteriophages, which kill bacteria in our microbiomes without affecting human cells.
    • Vast in Numbers: Our bodies host around 380 trillion virus particles, 10x more than the number of bacteria.
    • Beneficial Viruses: Some viruses play beneficial roles, such as killing cancer cells, aiding immune system training, fighting pathogens, and regulating gene expression during pregnancy.

    Bacteriophages and Phage Therapy

    • Bacteriophages’ Mechanism: Bacteriophages hunt down bacteria, attach to their surface, inject viral DNA, and replicate inside the bacteria before causing the bacterial cell to burst and release new viral particles.
    • Historical Background: In the early 20th century, scientists explored phages as potential treatments for bacterial infections, but antibiotic development overshadowed this research.
    • Antibiotic Resistance: With the rise of antibiotic-resistant bacteria, scientists are revisiting phage therapy as an alternative to combat bacterial infections.
    • Advantages of Phages: Phages effectively target multi-resistant pathogens, are precise in eliminating bacterial strains, and do not disrupt the gut microbiome like antibiotics do.

    Phage Therapy in Practice

    • Historical Use: Phage therapy persisted in countries like Georgia, Ukraine, and Russia, where antibiotics were scarce. These regions have witnessed successful treatment outcomes against antibiotic-resistant infections.
    • Expanding Use: Phage therapy is gaining attention in countries like Belgium, the US, and Germany, with specialized therapy centres and calls for increased exploration and utilization.
    • Challenges and Safety: Standardization of therapy and tailoring phages to specific bacteria causing the infection remain challenges. However, phage therapies have a good safety record, and human bodies can tolerate them well.

    Future Prospects

    • Complementary Approach: Phages are unlikely to replace antibiotics but could be used in combination to enhance antibiotic effectiveness, particularly against resistant bacterial strains.
    • Research and Clinical Projects: Further large-scale research and clinical projects are recommended to establish effective phage therapies for different types of infections.
  • Unique Land Parcel Identification Number (ULPIN) to curb Land-Linked Illegal Activities

    land ulpin

    Central Idea

    • President Murmu emphasized the importance of implementing a Unique Land Parcel Identification Number (ULPIN).

    What is ULPIN?

    • ULPIN or Bhu-Aadhaar is a 14-digit Alpha–Numeric Unique ID for each land parcel.
    • This is the next step in the Digital India Land Records Modernisation Programme (DILRMP) which began in 2008.
    • The identification will be based on the longitude and latitude coordinates of the land parcel, and is dependent on detailed surveys and geo-referenced cadastral maps.
    • ULPIN is generated using the Electronic Commerce Code Management Association (ECCMA) standards during the importing of the geo-referenced shape file into BhuNaksha, a cadastral mapping solution of NIC.

    Digital India Land Records Modernisation Programme (DILRMP)

    • DILRMP is a central sector scheme implemented by the Department of Land Resources under the Ministry of Rural Development.
    • Erstwhile National Land Record Modernization Programme, it was revamped and converted as a Central Sector Scheme with effect from 1st April, 2016 with 100% funding by the Centre.
    • The program aims to develop an Integrated Land Information Management System (ILIMS) across the country by leveraging the commonalities in land records systems in different states.
    • It integrates land records processes and databases with financial institutions, banks, circle rates, registration offices, and other sectors.
    • The program includes the computerization of land records, survey/re-survey activities, and digitization of registration processes.

     

    Benefits of ULPIN

    • Curbing malpractices: The implementation of ULPIN and digitization of land records can significantly reduce unethical and illegal activities related to land. The transparency brought about by digitization enhances accountability and curbs malpractices.
    • Efficient Land Use: ULPIN will facilitate proper utilization of land parcels and aid in the formulation and implementation of new schemes.
    • Linkage with E-Courts: Connecting E-Courts with land records and registration databases offers multiple benefits, including improved accessibility to information and streamlined legal processes related to land disputes.
    • Indestructible documentation: Digitization of land records proves valuable in times of calamities such as floods and fires, as it helps in preventing loss of documents and expedites the recovery process.

    Impacts on Development and Welfare

    • Development Catalyst: By providing transparent and accessible land information, digitization supports informed decision-making and effective resource management.
    • Proper Scheme Implementation: Linking land records with various government departments facilitates the efficient implementation of welfare schemes ex. PM Awas Yojana.
    • Beneficiary targeting: Accurate and up-to-date land data helps identify beneficiaries and ensures the targeted delivery of benefits and services.
  • NATO Vilnius Summit, 2023: Key Takeaways

    nato

    Central Idea

    • The Vilnius Summit held in July 2023 was significant in assessing the progress made by the North Atlantic Treaty Organization (NATO) in the past year and preparing for future conflicts.
    • While expectations were high regarding Ukraine’s membership timeline, the summit fell short in this regard.

    About NATO (North Atlantic Treaty Organization)

    Formation Established on April 4, 1949
    Members Consists of 30 member countries
    Headquarters Located in Brussels, Belgium
    Mission Safeguard freedom and security through political and military cooperation
    Key feature: Article 5 Mutual defense provision, attack on one is an attack on all
    Operations Involved in peacekeeping and crisis management operations worldwide
    NATO-Russia Relations Complex relationship with Russia, involving cooperation and tensions
    Evolving Security Challenges Adapts to address evolving security challenges like terrorism, cyber threats, and hybrid warfare

     

    Also read:

    NATO+5 Status and India

    Key takeaways from Vilnius Summit

    (1) NATO’s Response to Threats:

    • Russian Threat: The summit communique acknowledged Russia as the most significant and direct threat to the security, peace, and stability of NATO allies in the Euro-Atlantic area.
    • Concerns over Belarus and Iran: NATO expressed concerns about Belarus providing territory and infrastructure for Russian aggression against Ukraine. It also highlighted Iran’s delivery of Uncrewed Aerial Vehicles (UAVs) to Russia for attacks on critical infrastructure in Ukraine.

    (2) Recalibrations in the Baltic Sea:

    • Finland and Sweden’s Inclusion: The summit marked Finland’s first participation as a NATO member, while Turkey agreed to ratify Sweden’s bid to join the alliance.
    • Curbing Russian dominance: This paves the way for a strategic recalibration in the Baltic Sea region that was previously dominated by Russia.

    (3) Commitments to Ukraine:

    • Membership Timeline: Despite expectations, no concrete timeline for Ukraine’s NATO membership was provided.
    • Concrete Outcomes: Ukraine secured short-term and long-term security commitments from NATO members, including the creation of the NATO-Ukraine Council and a multi-year program to help upgrade Ukrainian forces.
    • Defense Support: Member states such as Germany, Norway, and France made commitments to support Ukraine’s defense, including financial assistance, military equipment, and bilateral security cooperation.

    (4) Concerns over China:

    • Beijing’s Threat: The summit reiterated NATO’s recognition of China as a threat to its security, interests, and values. It highlighted China’s opaque strategy, intentions, military build-up, and its support to Russia.
    • Indo-Pacific Engagement: NATO emphasized the importance of the Indo-Pacific region’s security, linking it to Euro-Atlantic security.

    (5) Defense Spending and Readiness:

    • Burden-Sharing: NATO acknowledged the need for increased defense spending beyond the 2 percent of GDP baseline due to the more contested security order.
    • Regional Defense Plans: Allies reached an agreement on regional defense plans to enhance the alliance’s readiness. The plans focus on upgrading forces, increasing interoperability, and addressing financial implications.

    Conclusion

    • Overall, the summit reaffirmed NATO’s relevance and strategic priorities in an evolving security landscape.
  • Marital Rape Case hearing soon: SC

    marital rape

    Central Idea

    • CJI DY Chandrachud has agreed to list a series of petitions seeking the criminalisation of marital rape for an early hearing.
    • The petitions, triggered by decisions from the Karnataka and Delhi High Courts, aim to challenge the exception in Section 375 of the Indian Penal Code (IPC) that currently decriminalises marital rape.

    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.
    • Sex and sexual violence are different altogether irrespective of the person in intercourse.

    Why discuss this?

    • Historical Perspective: Marital rape was historically considered a right of spouses, but it is now recognized as a form of sexual abuse and domestic violence in many societies worldwide.
    • Indian Penal Code: Marital rape is not explicitly recognized as a criminal offense under Section 375 of the Indian Penal Code (IPC).
    • Exception: Exception Two of Section 375 decriminalizes marital rape, stating that sexual intercourse by a man with his own wife, who is not under 18 years of age, without her consent is not considered rape.
    • Non-Criminalization: India is one of the fifty countries that have not yet outlawed marital rape.

    Background and High Court Decisions

    • Karnataka HC: It had in April 2022 held that a husband could be charged with rape if he had forcible sexual intercourse with his wife.
    • Delhi HC: A Division Bench delivered a split verdict in May 2022 on the issue of marital rape. It struck down ‘exception two’ as unconstitutional, while another judge rejected the plea to criminalise marital rape, suggesting that any changes in the law should be addressed by the legislature.
    • Gujarat HC: Before this ruling, in 2018, the Gujarat High Court also called for a relook at the marital rape immunity but quashed the charge of rape against the married man.

    marital rape

    Justice J.S. Verma Committee Recommendations (2013)

    • It recommended the removal of the exception for marital rape.
    • It proposed that the law should specify that the “marital or other relationship between the perpetrator or victim is not a valid defence against the crimes of rape or sexual violation.”

    Key observations by Delhi High Court

    • Spousal Intimacy: The court highlighted that consent within a marriage is often given as a part of spousal intimacy, even when the will to engage may be absent.
    • Written Agreements: The court suggested that treating every such case as marital rape could result in partners having to draft detailed written agreements for survival in a marriage.
    • Burden of Evidence: The court expressed concerns about creating a detailed evidentiary record of every act of intimacy or involving a third party as a witness.
    • Marriage Obligations: The court emphasized that marriage entails obligations, including conjugal expectations, financial responsibilities, and duties towards progeny.
    • Sexual Liberty: The court noted that signs of injury on a partner may not necessarily indicate non-consensual sex but could be a result of passion in the age of sexual liberation.
    • Cruelty vs. Rape: The court stated that forced sexual intercourse between spouses cannot be treated as rape and, at most, could be considered sexual abuse under the Domestic Violence Act.

    Reasons against Criminalization

    • Traditional Views: The reluctance to criminalize non-consensual sex between married couples is attributed to traditional views of marriage.
    • Religious Doctrines: Interpretations of religious doctrines often influence the perceptions of marital relationships.
    • Gender Norms: Societal expectations of male and female sexuality and the subordination of wives to their husbands contribute to the resistance against criminalization.
    • Subjectivity: Determining consent in marital rape cases can be subjective and intricate.
    • Potential Misuse: Without adequate safeguards, criminalizing marital rape could be misused by dissatisfied wives to harass their husbands, similar to the misuse of dowry laws.
    • Judicial Burden: Criminalizing marital rape could increase the burden on the judiciary, diverting resources from other important cases.

    Arguments for Criminalization

    • Associated Violence: Marital rape is often accompanied by physical violence, making it a more dangerous form of sexual abuse.
    • Mental Harassment: Research indicates that marital rape can cause more emotional and physical harm than rape by a stranger.
    • Abusive Relationships: Marital rape is frequently part of an abusive relationship rather than a one-time event.
    • Violation of Rights: Criminalizing marital rape is seen as a violation of fundamental rights, including the right to privacy and bodily integrity guaranteed under Article 21 of the Indian Constitution.

    Challenges in Prosecuting Marital Rape

    • Lack of Awareness: Limited public awareness and reluctance of authorities to prosecute are common challenges globally.
    • Gender Norms: Societal norms that subordinate wives to their husbands make it difficult for women to recognize and report marital rape.
    • Acceptability: Prevailing social norms often prevent the acceptance of the concept of marital rape.

    Present Regulations in India

    • Indian Penal Code: The IPC criminalizes rape in most cases, but marital rape is not illegal when the woman is over 18 years of age.
    • Age of Consent: Until 2017, men married to women between 15 and 18 years old could not be convicted of rape.
    • Separated Wives: Marital rape of an adult wife who is separated, officially or unofficially, is a criminal offence punishable by imprisonment.
    • Domestic Violence Act: The Protection of Women From Domestic Violence Act (2005) provides married women subjected to marital rape with the right to demand financial compensation and seek shelter or aid homes.

    Way forward

    • Recognition of Rights: Sanctioning marital rape acknowledges a woman’s right to control her body and self-determination.
    • Need for Concrete Law: The absence of a clear law makes it challenging for the judiciary to decide domestic rape cases without solid evidence.
    • Balancing Rights and Duties: The judiciary should consider the rights and duties of both partners before providing a final interpretation.