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GS Paper: GS2-01.Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

  • Money Bills and Financial Bills: A Constitutional Perspective

    Central Idea

    • The debate surrounding the classification of the Digital Personal Data Protection (DPDP) Bill as a Money Bill and its implications has sparked discussions on the nuances of Money Bills and Financial Bills in India’s parliamentary process.

    Money Bills vs. Financial Bills

    Money Bills Financial Bills
    Definition and Scope Article 110 – Deals with taxes, government borrowing, expenditure, receipt of money from the Consolidated Fund of India, among others. Broader scope beyond Article 110(1)
    Rajya Sabha’s Role Introduced only in Lok Sabha, no Rajya Sabha approval needed

    Lok Sabha has the discretion to accept or reject any recommendations made by the Rajya Sabha on a Money Bill.

    		 Can be introduced in either house, requires approval from both houses.
    Origin and President’s Recommendation Must be introduced only in Lok Sabha, and the President’s recommendation is required for its introduction. Can be introduced in either house, no President’s recommendation needed.
    Passage Procedure Passed by Lok Sabha, sent to Rajya Sabha for recommendations within 14 days.

    Rajya Sabha’s recommendations are not binding.

    If rejected by Lok Sabha, the Bill is considered passed without Rajya Sabha’s concurrence.

    		 Require agreement of both houses for passage, subject to Rajya Sabha amendments or rejections.

     

    Supreme Court’s Perspective

    • Striking Down Amendments: In Nov 2019, a five-judge Constitution Bench, headed by the then CJI Ranjan Gogoi, struck down amendments to the 2017 Finance Act, passed as a Money Bill. The court found the amendments altering the structure and functioning of various tribunals contrary to constitutional principles.
    • Referring the Matter: The court referred the issue of whether these amendments could have been passed as a Money Bill to a seven-judge bench for consideration, indicating the complexity of the matter.
    • Doubts Over Aadhaar Act: The same Constitution Bench expressed doubts about the correctness of the 2018 verdict upholding the 2016 Aadhaar Act, which was also passed as a Money Bill. This matter is yet to be conclusively settled, as petitions seeking a review of the Aadhaar Act ruling remain pending in the Supreme Court.

    Conclusion

    • The distinction between Money Bills and Financial Bills is crucial in India’s parliamentary process, as it determines the extent of Rajya Sabha’s role and the passage procedure.
    • While Money Bills have limited Rajya Sabha involvement and cannot be amended or rejected by it, other Financial Bills and ordinary Bills require the agreement of both houses for passage.
    • The Supreme Court’s perspective on the correct classification of certain Bills as Money Bills adds further complexity to the debate, underscoring the need for a comprehensive understanding of these constitutional provisions.

  • SC questions equating Article 370 to Basic Structure

    Central Idea

    • The Supreme Court is currently deliberating on the abrogation of Article 370, which granted special status to Jammu and Kashmir.
    • The court is exploring whether Article 370 can be equated with the Basic Structure of the Constitution, a principle that enshrines essential features beyond the Parliament’s amendment powers.

    What is Basic Structure Doctrine?
    Definition A constitutional principle that certain essential features or basic elements of the Indian Constitution cannot be amended by the Parliament.
    Purpose To preserve the core values and structure of the Constitution, protecting its democratic, secular, and federal character.
    Establishment Established by the Supreme Court in the Kesavananda Bharati v. State of Kerala case in 1973.
    Essential Features Includes supremacy of the Constitution, democratic republic, judicial review, separation of powers, federal structure, rule of law, fundamental rights, and parliamentary system.
    Limitation on Amendment Restricts Parliament’s amending power under Article 368.
    Judicial Review The Supreme Court uses the doctrine to strike down amendments that violate the Basic Structure.

     

    Also read:

    Wow Wednesday : Evolution of Basic Structure Doctrine

    Debate over Article 370

    • Constitutional Process: It has been argued that the abrogation of Article 370 was a purely political act and that there was no constitutional process available to revoke it.
    • Equating with Basic Structure: The court questioned whether considering the abrogation of Article 370 as impossible amounts to equating it with the principles of the Basic Structure of the Constitution.
    • Article 370 as a “Compact”: It has been contended that Article 370 was not part of the Basic Structure but a “compact” between the princely State of J&K and the Government of India, engrafted into the Indian Constitution.
    • Government’s Actions: Concerns have been raised about the government’s insertion of Article 367(4)(d), which some argue circumvented the “residuary power” of the State and allowed the Parliament to act as the J&K Constituent Assembly.

    Challenges and Concerns Raised

    • Permanence of Article 370: The permanence of Article 370 after the Constituent Assembly’s dissolution in 1957 and the procedure followed by the NDA government during the abrogation have been debated.
    • Constitutional Machinery: Criticisms have been raised that the Parliament and President took over the powers of the State without considering the views of the people of Jammu and Kashmir.
    • Breakdown of Constitutional Structure: Some argue that the events leading up to the abrogation constituted a “complete breakdown” of the constitutional structure, as the State’s powers were absorbed by the Centre, and the State was bifurcated without proper consent.

    Conclusion

    • The Supreme Court’s ongoing hearings on the abrogation of Article 370 continue to raise important questions about its status and the process involved.
    • The court’s decision will have significant implications for understanding the constitutional relationship between the Centre and the States and the sanctity of special provisions like Article 370.

  • Money Bills vs Finance Bills: What are the differences, what the court has ruled

    What’s the news?

    • The recent discussions over the Digital Personal Data Protection (DPDP) Bill have brought to light an important constitutional question – Is it a Money Bill or an Ordinary Bill? The distinction between these two types of bills holds significant implications for the legislative process and decision-making.

    Central Idea

    • In a recent statement, Parliamentary Affairs Minister Pralhad Joshi clarified that the DPDP Bill is a regular Bill and not a Money Bill. This clarification comes against the backdrop of earlier reports suggesting that the Bill was being introduced under Article 117 of the Constitution, which deals with special provisions for Finance Bills.

    What is a Finance Bill?

    1. Definition: A Finance Bill is a type of Financial Bill that relates to revenue or expenditure matters.
    2. Money Bill Criteria: A Finance Bill becomes a Money Bill when it exclusively deals with matters specified in Article 110(1)(a) to (g) of the Constitution.
    • Classification of Finance Bills
    1. Category 1: Financial Bills related to Article 110(1)(a) to (f):
      • Introduced or moved only on the President’s recommendation.
      • Cannot be introduced in the Rajya Sabha.
      • Examples: Money Bills and other Financial Bills originating solely in the Lok Sabha.
    2. Category 2: Financial Bills related to other matters (Article 110(1)(g)):
      • Similar to ordinary Bills.
      • Require the President’s recommendation if they involve expenditure from the Consolidated Fund of India.
      • It can be introduced in the Rajya Sabha, amended by it, or deliberated by both Houses in a joint sitting.

    Money Bill Requirements

    • Exclusivity: A Money Bill must exclusively deal with matters specified in Article 110(1)(a) to (g).
    • Certification: A Money Bill must be certified by the Speaker.

    Preconditions for a Financial Bill to become a money bill

    • Introduction: Must be introduced only in the Lok Sabha and not in the Rajya Sabha, as per Article 117(1) of the Constitution.
    • President’s Recommendation: Can only be introduced on the President’s recommendation, as per Article 117(1) of the Constitution.

    Key Differences between Finance Bills and Money Bills

    • Scope: Finance Bills cover general revenue and expenditure matters, while Money Bills exclusively address specific matters listed in Article 110(1)(a) to (g).
    • Introduction: Finance Bills can be introduced in either House, but Money Bills can only be introduced in the Lok Sabha.
    • President’s Recommendation: Finance Bills require the President’s recommendation if they involve expenditure, while Money Bills always require the President’s recommendation.
    • Rajya Sabha’s Role: The Rajya Sabha can discuss and recommend amendments for Finance Bills, but its role is limited for Money Bills. The Lok Sabha can reject the Rajya Sabha’s recommendations for Money Bills.

    Important Legal Perspective

    • 2017 Finance Act:
    • In November 2019, a Constitution Bench of the Supreme Court, headed by the then Chief Justice of India, Ranjan Gogoi, struck down amendments to the 2017 Finance Act passed as a Money Bill.
    • The court directed the formulation of fresh norms for appointing tribunal members and raised questions about the correct interpretation of Article 110. The matter was referred to a seven-judge bench.
    • 2016 Aadhaar Act:
    • The Supreme Court also expressed doubts over its 2018 verdict upholding the 2016 Aadhaar Act, which was passed as a Money Bill.
    • Review petitions regarding the Aadhaar Act are still pending before the court.

    Conclusion

    • The distinction between Money Bills and Financial Bills is essential for understanding the legislative process and the powers of the two Houses of Parliament. The role of the Supreme Court in interpreting and upholding the constitutional validity of various Bills remains critical to ensuring a robust and accountable legislative framework.

  • Post-1957, President retains power to scrap Article 370: Supreme Court

    Central Idea

    • The Supreme Court deliberated on the President’s power to declare Article 370 of the Constitution, which granted special status to J&K, inoperative after the dissolution of the State’s Constituent Assembly in 1957.
    • The court questioned whether the Constituent Assembly’s dissolution nullifies the substantive part of Clause 3 in Article 370.
    • Senior counsel argued that Article 370 cannot be revoked after the Constituent Assembly’s dissolution, but the court questioned the extent of the President’s powers.

    Also read:

    [Burning Issue] Reorganization of Jammu and Kashmir

    Historical Context of Article 370

    • The Constituent Assembly of J&K was a temporary body convened for drafting the State’s Constitution, becoming functus officio after its completion.
    • Article 370 was considered “temporary” because it allowed the people of J&K to determine their Constitution and the jurisdiction of Union of India.
    • The collaborative relationship between the Union and J&K, with constant dialogue and parliamentary laws applying to J&K through Constitution Orders, was disrupted by the abrogation of special constitutional status in 2019.

    Contentions raised against A370 Revocation

    • Constituent Assembly’s Role: The provision requiring the J&K Constituent Assembly’s recommendation for abrogation has no application, given its specific purpose was to draft the State’s Constitution.
    • Impact on Democracy: The argument raised concerns about silencing the people’s will in J&K, where representative democracy had been absent for five years. The State’s unique relationship with India was emphasized.
    • Parliament’s Authority: The counsel questioned Parliament’s authority to declare itself the legislature of J&K and abrogate Article 370, asserting that Parliament could not act outside the Constitution.
    • Temporary Provision: It was clarified that Article 370 was mentioned as a “temporary” provision because it allowed the people of J&K to determine their future through their Constituent Assembly.

    Conclusion

    • The Supreme Court’s examination of the President’s power over Article 370 after the Constituent Assembly’s dissolution raises significant questions about the unique constitutional structure and the collaboration between the Union and J&K.
    • The verdict will determine whether Article 370 remains operative and its implications on the historical relationship between the State and the Union.

  • Adjournment Motion in Indian Parliament

    Central Idea

    • During the monsoon Session of Parliament, Opposition parties demanded discussions on alleged sexual assaults in Manipur and ongoing ethnic violence.
    • Many MPs moved adjournment motions, leading to the Lok Sabha’s adjournment.

    Let’s explore the various motions raised in Indian Parliament and their significance.

    (A) Short Duration Discussion (Rule 193)

    • Applicability: This procedure is available in both Lok Sabha and Rajya Sabha.
    • Description: A short-duration discussion can take place when the Chairman or Speaker believes that a matter is urgent and of sufficient public importance. The discussion can last for a maximum of two and a half hours.

    (B) Motion with a Vote (Rule 184)

    • Applicability: This motion is relevant in Lok Sabha.
    • Description: If a motion meets certain conditions, such as not containing defamatory statements, being on a matter of recent occurrence, and not being pending before any statutory authority or court of enquiry, it can be admitted. The Speaker can then allocate a time period for the discussion. This type of motion involves a vote to determine Parliament’s position on the issue and requires the government to follow Parliament’s decision.

    (C) Adjournment Motion

    • Applicability: The adjournment motion is relevant only in Lok Sabha and is not available in Rajya Sabha.
    • Description: An adjournment motion is moved to discuss a “definite matter of urgent public importance” with the Speaker’s consent. The notice for this motion must be given before 10 AM on a given day to the Lok Sabha Secretary-General. The motion must meet specific criteria to be admitted. The passage of an adjournment motion does not require the government to resign but is seen as a strong censure of the government.

  • Eighth Schedule of Indian Constitution

    langauge eighth

    Central Idea

    • The Supreme Court said it cannot direct the Centre to include Rajasthani as an official language in the Eighth Schedule of the Constitution.

    About Eighth Schedule

    • The Eighth Schedule outlines the official languages of the Republic of India.
    • Articles 344(1) and 351 of the Constitution contain constitutional provisions relating to the Eighth Schedule.
    • It was originally created to grant representation on the Official Languages Commission and enrich Hindi and English, the official languages of the Union.
    • Candidates appearing for public service examinations have the privilege of using any language from the Eighth Schedule as a medium to answer the exam papers.
    Article 344(1): It mandates the appointment of a Commission by the President after 5 years from the date the Constitution comes into effect.

    Article 351: It places the responsibility on the Union to promote and develop the Hindi language, enabling it to be a medium of expression for India’s diverse cultural elements.

    Article 351(1): The President is required to establish a commission every five years, and subsequently every ten years, with a chairman and members representing languages listed in the Eighth Schedule. The primary role is to provide advice to the President on the effective use of Hindi for official purposes by the GOI.

    Languages included

    • 22 languages: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, and Urdu.
    • Classical Languages among these: Tamil (declared in 2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014).

    Chronological Additions

    • 1950: The Constitution initially included 14 languages in the Eighth Schedule.
    • 1967: Sindhi was added through the 21st Constitutional Amendment Act.
    • 1992: Konkani, Manipuri (Meitei), and Nepali were included through the 71st Constitutional Amendment Act.
    • 2003: Bodo, Dogri, Maithili, and Santali were added through the 92nd Constitutional Amendment Act.
    • 2011: The spelling “Oriya” was replaced with “Odia” through the 96th Constitutional Amendment Act.

    Try this PYQ:

    Consider the following languages:

    1. Gujarati
    2. Kannada
    3. Telugu

    Which of the above has/have been declared as ‘Classical Language / Languages’ by the Government?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”unf849h9qq” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

  • Opposition calls for President’s Rule in Manipur

    manipur president rule
    PC: The Hindu

    Central Idea

    • A political party has called for the dismissal of the state government in Manipur and immediate imposition of President’s Rule to initiate a peace process under a neutral administration.

    What is President’s Rule?

    • Article 356 of the Indian Constitution, commonly known as President’s Rule, empowers the President to impose central rule in a state where the constitutional machinery has broken down.
    • While initially intended for extraordinary circumstances, it has often been misused by central governments for political purposes.

    Provisions of Article 356:

    • Imposition of President’s Rule: Article 356 allows the President to withdraw the executive and legislative powers of a state government when it cannot function in accordance with the Constitution.
    • Triggering factors: The President can invoke Article 356 based on a report from the Governor or suo motu if the constitutional machinery has broken down in the state.
    • Duration: It can be imposed for six months at a time, with a maximum duration of three years.
    • Parliamentary approval: Every six months, Parliament’s approval is required to continue the imposition of President’s Rule.

    Historical Origins

    • Inspiration from the Government of India Act, 1935: Article 356 was inspired by Section 93 of this act, which allowed the Governor of a province to assume the powers of the government under certain circumstances.
    • Controlled democracy: The provision provided some autonomy to provincial governments while enabling British authorities to exercise ultimate power when necessary.

    Political Misuse of Article 356

    • Early instances: During Congress dominance, Article 356 was used against governments of the Left and regional parties in states. Jawaharlal Nehru’s government utilized it six times until 1959, including to dislodge Kerala’s elected communist government.
    • Increasing misuse: In subsequent decades, Article 356 was used frequently against state governments by various central governments, including those led by Indira Gandhi and the Janata Party.

    Landmark Judgment: S R Bommai Case

    • Landmark Supreme Court ruling: In the 1994 R. Bommai v. Union of India case, the Supreme Court provided detailed guidelines on the use of Article 356.
    • Specific instances for imposition: The court stated that President’s Rule can be invoked in cases of physical breakdown of the government or a ‘hung assembly.’
    • Curbing arbitrary use: The judgment emphasized the need to give the state government a chance to prove its majority or instances of violent breakdown before imposing President’s Rule.

    Try this PYQ:

    Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

    1. Dissolution of the State Legislative Assembly
    2. Removal of the Council of Ministers in the State
    3. Dissolution of the local bodies

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 1 and 3

    (c) 2 and 3

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”v9p0oai83g” question=”Please leave a feedback on this” opened=”1″]Post your answers here. [/wpdiscuz-feedback]

     

  • 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.

  • 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

     

  • 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.