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  • IPC Sec 295A: Dealing with Hate Speech and Blasphemy

    The debate surrounding the comments by some political spokespersons has put the spotlight on the IPC Sec 295A which deals with criticism of or insult to religion.

    What is the news?

    • India does not have a formal legal framework for dealing with hate speech.
    • However, a cluster of provisions, loosely termed hate speech laws, are invoked.
    • There are primarily some laws to deal with offences against religions.

    What is Section 295A?

    • Section 295A, define the contours of free speech and its limitations with respect to offences relating to religion.
    • It prescribes punishment for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
    • It calls for imprisonment of either description for a term which may extend to [three years], or with fine, or with both.
    • It has been invoked on a wide range of issues from penalising political satire and seeking bans on or withdrawal of books to even political critique on social media.

    Chapters to penalise religious offences

    Section 295A is one of the key provisions in the IPC chapter to penalise religious offences. The same chapter includes offences to penalise:

    1. Damage or defilement of a place of worship with intent to insult the religion (Section 295)
    2. Trespassing in a place of sepulture (burial) (Section 297)
    3. Uttering, words, etc, with deliberate intent to wound the religious feelings of any person (Section 298) and
    4. Disturbing a religious assembly (Section 296)

    Origins of the law

    • Colonial origins of the hate speech provisions are often criticised for the assumption that Indians were susceptible to religious excitement.
    • Section 295A was brought in 1927.
    • The antecedents of Section 295A lie in the communally charged atmosphere of North India in the 1920s.
    • The amendment was a fallout of an acquittal under Section 153A of the IPC by the Lahore High Court in 1927 in Rajpaul v Emperor, popularly known as the Rangila Rasool case.

    Frequency of use

    • The state often invokes Section 295A along with 153A of the IPC, which penalises promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.
    • It acts prejudicial to maintenance of harmony and Section 505 of the IPC that punishes statements conducing to public mischief.

    What about online hate speech?

    • In cases where such speech is online, Section 66A of the Information Technology Act was invoked.
    • However, in a landmark verdict in 2015, the Supreme Court struck down Section 66A as unconstitutional on the ground that the provision was “vague” and a “violation of free speech”.
    • However, the provision continues to be invoked.

    Issues with such laws

    • The broad, vague terms in the laws are often invoked in its misuse.
    • Lower conviction rates for these provisions indicate that the process — where a police officer can arrest without a warrant — is often the punishment.
    • Critics have pointed out that these laws are intended for the state to step in and restore “public order” rather than protect free speech.

     

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  • Child Marriage in India

    Context

    There has been an ongoing debate on whether increasing the age of marriages can solve the problem of child marriage in India.

    Background

    • It is defined as a marriage of a girl or boy before the age of 18 and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married.
    • The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.

    Prevalence of child marriage in India

    •  NFHS-5 data show that about 25% of women aged 18-29 years married before the legal marriageable age of 18.
    • Marginal decline: The proportion has declined only marginally from NFHS-4 (28%).
    • Higher in rural India: Expectedly, the prevalence is higher in rural than urban India (28% and 17%, respectively).
    • West Bengal has the highest prevalence (42%), followed by Bihar and Tripura (40% each).
    • Oddly, the decline in child marriage has been paltry at best in these high-prevalence States.
    • At the other end of the spectrum are Goa, Himachal Pradesh and Kerala (6% to 7%).
    • 39% of child marriages in India take place among Adivasis and Dalits.
    • The share of advantaged social groups is 17% and the remaining share is of Other Backward Classes.

    Role of structural issues in adverse health and educational outcomes

    • Impact: Studies associate early marriage of women with early pregnancy, lower likelihood of accessing ante-natal care, higher risks of maternal morbidity and mortality, poor nutritional status of women and poor nutritional and educational outcomes of children.
    • These studies seem to provide a rather compelling case for increasing the age of marriage of women from 18 to 21 years, as a delayed marriage might offer significant public health dividends.
    • Structural factors at play: But a closer reading of the evidence shows that the association between child marriage and adverse health outcomes does not emerge in a vacuum. 
    • Rather, it is abetted by structural factors, including social norms, poverty, and women’s education.
    • Role of social norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached menarche.
    • Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
    • Role of education:  The NHFS-5 data confirm that a significant proportion of child marriages takes place among women with less than 12 years of schooling and households that are socially and economically disadvantaged.
    • The average age at marriage increases from 17 years among women who are illiterate and have had up to five years of schooling to 22 years among women who have had more than 12 years of schooling.
    • This indicates that an increase in years of schooling goes hand in hand with an increase in age at marriage.
    • While an increase in education is most likely to delay marriage, the increase in age at marriage may or may not increase women’s education.

    Why the age of marriage of women matters

    • Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
    • It is also argued that other factors — such as poverty and health services — were far more effective as levers for improving women’s and children’s health and nutritional status.
    • Child marriage curtail a girl’s opportunities to continue her education.
    • And in turn, the lack of educational opportunities plays an important role in facilitating child marriage.

    Way forward

    • The fact that about one-fourth of women (18-29 years) in India have married before 18 years despite the law tells us that legally increasing the age of marriage may not fully prevent child marriages. 
    • 1] Ensure education for at least up to 12 years: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
    • Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
    • 2] Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.
    • The lessons from Janani Suraksha Yojana and the zeal demonstrated in ending open defecation might provide valid insights here.

    Conclusion

    A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability. In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.

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  • Microplastics found in Antarctica

    Scientists have found microplastics — plastic pieces much smaller than a grain of rice — in freshly fallen Antarctic snow for the first time.

    What are Microplastics?

    • Microplastics are tiny bits of various types of plastic found in the environment.
    • The name is used to differentiate them from “macroplastics” such as bottles and bags made of plastic.
    • There is no universal agreement on the size of microplastics. It defines microplastic as less than 5mm in length.
    • However, for the purposes of this study, since the authors were interested in measuring the quantities of plastic that can cross the membranes and diffuse into the body via the bloodstream.
    • Hence they agreed on an upper limit on the size of the particles as 0.0007 millimetre.

    Why in news?

    • Researchers have found microplastics in the snow samples from the Ross Ice Shelf in Antarctica.

    Threats posed by Microplastics

    • Microplastics has the potential to influence the climate by accelerating melting of ice.
    • They limit growth, reproduction, and general biological functions in organisms, as well as humans.

     

    Try this PYQ:

    1. Why is there a great concern about the ‘microbeads’ that are released into environment?

    (a) They are considered harmful to marine ecosystems.

    (b) They are considered to cause skin cancer in children.

    (c) They are small enough to be absorbed by crop plants in irrigated fields.

    (d) They are often found to be used as food adulterants.

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    Back2Basics: Ross Ice Shelf

    • Ross Ice Shelf is the largest ice shelf of Antarctica roughly the size of France.
    • It is several hundred metres thick.
    • The nearly vertical ice front to the open sea is more than 600 kilometres long, and between 15 and 50 metres (50 and 160 ft) high above the water surface.
    • Ninety percent of the floating ice, however, is below the water surface.
    • Most of Ross Ice Shelf is in the Ross Dependency claimed by New Zealand.
    • It floats in, and covers, a large southern portion of the Ross Sea and the entire Roosevelt Island located in the east of the Ross Sea.

     

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  • Environmental Performance Index (EPI), 2022

    India has objected to a report, called the EPI, 2022, that places the country last (along with Nigeria) on a list of 180 countries on managing climate change, environmental health, and ecosystem vitality.

    Environmental Performance Index

    • The report is prepared by researchers at the Yale and Columbia universities.
    • It provides a data-driven summary of the state of sustainability around the world.
    • Using 40 performance indicators across 11 issue categories, the EPI ranks 180 countries on climate change performance, environmental health, and ecosystem vitality.
    • These indicators provide a gauge at a national scale of how close countries are to established environmental policy targets.
    • The EPI offers a scorecard that highlights leaders and laggards in environmental performance and provides practical guidance for countries that aspire to move toward a sustainable future.

    Why the report is inherently biased?

    • The US placed itself at the 20th spot of the 22 wealthy democracies in the global west and 43rd overall.
    • The relatively low ranking has put all blame on the rollback policies during the Trump administration.
    • It goes on to preach that developing countries do not have to sacrifice sustainability for economic security.

  • Festivals in news: Mela Kheerbhawani

    Kashmiri Hindus, locally known as Pandits, will celebrate the Zyestha Ashtami at the Mata Kheerbhawani temple at Tulmulla in central Kashmir’s Ganderbal.

    Kheerbhawani Temple

    • The temple is dedicated to the goddess Ragnya Devi.
    • The festival, known as Mela Kheerbhawani, is the largest gathering of Hindus in Kashmir after the annual Amarnath Yatra.
    • Situated 30 km from Srinagar city, it is one of the most sacred pilgrimage sites for Kashmiri Hindus.
    • The temple gets its name from kheer, or milk and rice pudding that pilgrims pour into the spring inside the temple complex as an offering to the goddess.
    • Hundreds of local Muslims, too, traditionally join the celebrations.

    Legend of the festival

    • Legend has it that the water of the temple’s spring changes colour from white to red and black.
    • The colour of the water is said to predict the impending future.
    • If it changes to black, it is seen as inauspicious or an impending disaster.
    • Kashmiri Pandits say that the water had turned black before they were forced to flee Kashmir during the militancy of 1990.

     

    Tap to read more about:

    Festivals, Dances, Theatre, Literature, Art in News

     

    Try this PYQ:

    Q.Consider the following pairs:

    Traditions- Communities

    1. Chaliha Sahib Festival- Sindhis
    2. Nanda Raj Jaat Yatra- Gonds
    3. Wari-Warkari- Santhals

    Which of the pairs given above is/are correctly matched?

    (a) 1 only

    (b) 2 and 3

    (c) 1 and 3

    (d) None of the above

     

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  • Sant Kabir: the extraordinary poet-saint of the Bhakti Movement

    President Kovind inaugurated the Sant Kabir Academy and Research Centre Swadesh Darshan Yojana and paid tribute to the Bhakti saint, Kabir at Maghar, his resting place in Uttar Pradesh.

    Kabir and the Bhakti Movement

    • The Bhakti movement, which began in the 7th century in South India, had begun to spread across north India in the 14th and the 15th centuries.
    • The movement was characterized by popular poet-saints who sang devotional songs to God in vernacular languages.
    • Most of the preaching were meant for abolishing the Varna system and promoting Hindu-Muslim unity.
    • They emphasized an intense emotional attachment with God.

    Who was Sant Kabir?

    • One school within the Bhakti movement was the Nirguni tradition and Sant Kabir was a prominent member of it.
    • In this tradition, God was understood to be a universal and formless being.
    • Many of the saints of the Bhakti movement came from the ranks of the lower to middle artisanal classes.
    • Kabir was an alleged ‘low caste’ weaver (Julaha), Raidas was a leather worker and Dadu a cotton carder.
    • Their radical dissent against orthodoxy and rejection of caste made these poet-saints extremely popular among the masses and their ideology of egalitarianism spread across India.

    His life

    • He was born in Varanasi and lived between the years 1398 and 1448, or till the year 1518 according to popular belief.
    • He was from a community of ‘lower caste’ weavers of the Julaha caste, a group that had recently converted to Islam.
    • He learned the art of weaving, likely studied meditative and devotional practices under the guidance of a Hindu guru and grew to become an eminent teacher and poet-singer.
    • Kabir’s beliefs were deeply radical, and he was known for his intense and outspoken voice which he used to attack the dominant religions and entrenched caste systems of the time.
    • He composed his verses orally and is generally assumed to be illiterate.

    His literary works

    • Kabir’s compositions can be classified into three literary forms – dohas (short two liners), ramanas (rhymed 4 liners), sung compositions of varying length, known as padas (verses) and sabdas (words).
    • There are myriad legendary accounts on the other hand, for which there exists less of a factual historical basis.

    Kabir’s critique of religion and caste

    • Kabir is in modern times portrayed as a figure that synthesized Islam and Hinduism.
    • While he did borrow elements from different traditions, he very forcefully proclaimed his independence from them.
    • He did not only target the rituals and practices of both Hinduism and Islam, but also dismissed the sacred authority of their religious books, the Vedas and the Quran.
    • He even combined Allah and Ram in his poems.
    • He sought to eradicate caste distinctions and attempted to create an egalitarian society, by stressing the notion that a Bhakt (devotee) was neither a Brahmin nor an ‘untouchable’ but just a Bhakt.

    Kabir’s legacy

    • Kabir’s own humble origins and his radical message of egalitarianism fostered a community of his followers called the Kabir Panth.
    • A sect in northern and central India, many of their members are from the Dalit community.
    • All regard Kabir as their guru and treat the Bijak as their holy scripture.
    • The Bijak contains works attributed to Kabir and is argued by historians to have been written in the 17th century.
    • Several of Kabir’s verses and songs form a vital part of the Guru Granth Sahib.

    Try this PYQ from CSP 2019:

    Q.Consider the following statements:

    1.Saint Nimbarka was a contemporary of Akbar.

    2.Saint Kabir was greatly influenced by Shaikh Ahmad Sirhindi.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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  • Ancient sculptures recovered from Australia, US

    Ten antiquities (sculptures) retrieved from Australia and the United States were handed over to the Government of Tamil Nadu.

    Some of the returned antiquities, and how they had gone missing:

    (1) Dvarapala:

    • Retrieved in 2020 from Australia, this stone sculpture belongs to the Vijayanagar dynasty dating to the 15th-16th century.
    • He is holding a gada in one hand and has another leg raised up to the level of his knee.
    • The sculpture was burgled from Moondreeswaramudayar Temple, Tiruneveli in1994.

    (2) Nataraja:

    • Retrieved in 2021 from the US, this image of Nataraja, a depiction of Shiva, in his divine cosmic dance form, is in tribhanga posture, standing on the lotus pedestal.
    • It is dateable to the 11th-12th century. Possibly, ananda tandava or the Dance of Bliss is portrayed here.
    • The sculpture was burgled from the strong room of Punnainallur Arulmigu Mariyamman Temple, Thanjavur, in 2018.

    (3) Kankalamurti:

    • Retrieved in 2021 from the US, Kankalamurti is depicted as a fearsome aspect of Lord Shiva and Bhairava.
    • The sculpture is four-armed, holding ayudhas such as damaru and trishula in the upper hands and a bowl and a trefoil shaped object, as a treat for the playful fawn, in the lower right hand.
    • The idol is dateable to the 12th-13th century, and was stolen from Narasinganadhar Swamy Temple, Tirunelveli in 1985.

    (4) Nandikeshvara:

    • Retrieved in 2021 from the US, this bronze image of Nandikeshvara is dateable to the 13th century.
    • It is shown standing in tribhanga posture with folded arms, holding an axe and a fawn in the upper arms, with his forearms in namaskara mudra.
    • This sculpture was stolen from Narasinganadhar Swamy Temple, Tirunelveli, in 1985.

    (5) Four-armed Vishnu:

    • Retrieved in 2021 from the US, dateable to the 11th century, and belonging to the later Chola period.
    • The sculpture has Lord Vishnu standing on a padma pedestal holding attributes such as shankha and chakra in two hands; while the lower right hand is in abhaya mudra.
    • It was stolen from Arulmigu Varadharaja Perumal Temple, Ariyalur, in 2008.

    (6) Goddess Parvati:

    • Retrieved in 2021 from the US, the image depicts a Chola-period sculpture dateable to the 11th century.
    • She is shown holding a lotus in the left hand whereas the right is hanging down near her kati.
    • This sculpture was also stolen from Arulmigu Varadharaja Perumal Temple, Ariyalur in 2008.

    (7) Standing child Sambandar:

    • Retrieved in 2022 from Australia. Sambandar, the popular 7th-century child saint, is one of the Muvar, the three principal saints of South India.
    • The sculpture is dateable to the 11th century.
    • The legend goes that after receiving a bowl of milk from Goddess Uma, the infant Sambandar devoted his life to composing hymns in praise of Lord Shiva.
    • The sculpture displays the saint’s childlike quality, while also empowering him with the maturity and authority of a spiritual leader.
    • It was stolen from Sayavaneeswarar Temple, Nagapattinam, between 1965 and 1975.

     

     

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  • Monsoon sets in over Kerala

    The monsoon has reached Kerala, the India Meteorological Department (IMD).

    What does the “Onset of Monsoon” mean?

    • The onset of the monsoon over Kerala marks the beginning of the four-month — June-September — southwest monsoon season over India.
    • It brings more than 70 per cent of the country’s annual rainfall. This marks a significant day in India’s economic calendar.
    • IMD announces it only after certain newly defined and measurable parameters, adopted in 2016, are met.
    • Broadly, the IMD checks for the consistency of rainfall over a defined geography, its intensity, and wind speed.

    (1) Rainfall

    • The IMD declares the onset of the monsoon if at least 60% of 14 designated meteorological stations in Kerala and Lakshadweep.
    • The 14 enlisted stations are: Minicoy, Amini, Thiruvananthapuram, Punalur, Kollam, Alappuzha, Kottayam, Kochi, Thrissur, Kozhikode, Thalassery, Kannur, Kasaragod, and Mangaluru.
    • It records at least 2.5 mm of rain for two consecutive days at any time after May 10.
    • In such a situation, the onset over Kerala is declared on the second day, provided specific wind and temperature criteria are also fulfilled.

    (2) Wind field

    • The depth of westerlies should be up to 600 hectopascal (1 hPa is equal to 1 millibar of pressure) in the area bound by the equator to 10ºN latitude, and from longitude 55ºE to 80ºE.
    • The zonal wind speed over the area bound by 5-10ºN latitude and 70-80ºE longitude should be of the order of 15-20 knots (28-37 kph) at 925 hPa.

    (3) Heat

    • According to IMD, the INSAT-derived Outgoing Longwave Radiation (OLR) value (a measure of the energy emitted to space by the Earth’s surface, oceans, and atmosphere) should be below 200 watt per sq m (wm2).
    • This is measured in the box confined by 5-10ºN latitude and 70-75ºE latitude.

    Is it unusual for the monsoon to hit the Kerala coast early?

    • Neither early nor late onset of the monsoon is unusual.
    • In 2018 and 2017, the onset over Kerala occurred on May 29 and May 30, respectively.
    • In 2010, onset was realised on May 31.
    • In 2020 and 2013, the monsoon was exactly on time, hitting the Kerala coast on June 1.

    Does an early onset foretell a good monsoon?

    • No, it does not — just as a delay does not foretell a poor monsoon.
    • The onset is just an event that happens during the progress of the monsoon over the Indian subcontinent.
    • A delay of a few days, or perhaps the monsoon arriving a few days early, has no bearing on the quality or amount of rainfall.

    How does the monsoon spread across the country after hitting Kerala coast?

    • The northward progression of the monsoon after it has hit the Kerala coast depends on a lot of local factors, including the creation of low pressure areas.
    • Though this year monsoon has arrived early, it is possible that despite a late onset over Kerala, other parts of the country start getting rain on time.
    • After its onset over Kerala, the monsoon spreads over the entire country by July 15.

    Back2Basics:

    Various terms related to Indian Monsoon

     

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  • Booker Prize awarded to first Indian language book

    Author Geetanjali Shree’s translated Hindi novel, Tomb of Sand, became the first Indian language book to win the International Booker Prize.

    Note: Such topics hold very little relevance for CSE prelims. However, last year experience make such topics more uncertain. Still such topics hold relevance for other exams such as CAPF and state PSCs.

    What is the Booker Prize?

    • The Booker Prize is one of the best-known literary awards for fiction writing in English, including both novels and collections of short stories.
    • It was first awarded in 1969.
    • Every year a panel of judges decides the best work of the year, with the criteria being that it must be written in English and published in the UK and Ireland.
    • This panel of judges is picked from among eminent cultural historians, writers, professors, and novelists, and others from related fields.
    • For the Booker Prize, the winner receives £50,000.

    About the book

    • The 2018 novel titled ‘Ret Samadhi’ was translated by Daisy Rockwell and published as ‘Tomb of Sand’ in 2021.
    • The prize is one of two literary awards given out annually by the Booker Prize Foundation, a charity whose stated aim is to “promote the art and value of literature for the public benefit”.

    What about the International Booker Prize?

    • The International Booker Prize began in 2005.
    • A biennial prize initially, it was then awarded for a body of work available in English, including translations, with Alice Munro, Lydia Davis and Philip Roth becoming some of the early winners.
    • In 2015, the rules of the International prize changed to make it an annual affair.
    • The new rules stipulated that it will be awarded annually for a single book, written in another language and translated into English.
    • The £50,000 prize money is divided equally between the author and translator each year.

    Why is it called the ‘Booker’?

    • The Booker Prize, from 1969 to 2001, was named simply after the Booker Group Limited – a British food wholesale operator that was its initial sponsor.
    • The Man Group, an investment management firm based in the UK, began to sponsor the prize in 2002 and it thus came to be known as The Man Booker Prize.
    • The Man Group ended their sponsorship in 2019.
    • Crankstart, an American charitable foundation, has been the sponsor after that. The prize name has changed back to the ‘Booker’ since then.

    Who have been some prominent winners?

    • Prominent winners of the coveted prize include Margaret Atwood (‘The Testaments’), Yann Martel (‘Life of Pi’), and Julian Barnes (‘The Sense of an Ending’).
    • Many Indian-origin writers have won the Booker in the past, such as Arundhati Roy (‘The God of Small Things’), Salman Rushdie (‘Midnight’s Children’), Kiran Desai (‘The Inheritance of Loss’), and Aravind Adiga (‘The White Tiger’).
    • Shree is the first Indian to win an international prize.

     

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  • Supreme Court recognizes Sex Work as a ‘Profession’

    In a significant order recognising sex work as a “profession”, the Supreme Court has directed that police should neither interfere nor take criminal action against adult and consenting sex workers.

    What did the Supreme Court say?

    • Sex Work is a profession whose practitioners are entitled to dignity and equal protection under law.
    • Criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’.
    • It need not be gainsaid that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21 of the Constitution, the court observed.
    • The order was passed after invoking special powers under Article 142 of Constitution.

    A caution to the police

    • It is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action.
    • The Bench ordered that sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel.
    • Since voluntary sex work is not illegal and only running the brothel is unlawful.
    • Basic protection of human decency and dignity extends to sex workers and their children, the court noted.
    • A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade, the court held.
    • Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.

    Sexual crimes against sex workers

    • The court ordered the police to not discriminate against sex workers who lodge a criminal complaint of offence committed against them is of a sexual nature.
    • Sex workers can also be victims of sexual assault should be provided every facility including immediate medico-legal care.
    • The court said media should take “utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations.

    Sex work in India

    • According to the Indian Penal Code (IPC), prostitution in its broader sense is not really illegal per se.
    • But there are certain activities which constitute a major part of prostitution that are punishable under certain provisions of the act, which are:
    1. Soliciting prostitution services in public places
    2. Carrying out prostitution activities in hotels
    3. Indulging in prostitution by arranging for a sex worker
    4. Arrangement of a sexual act with a customer

    Various issues faced by Sex Workers

    • Stigma and Marginalization: This is experienced as the major factor that prevents women in sex work from accessing their rights.
    • Denial of basic amenities: Due to this discrimination, women in sex work have been denied safety, proper healthcare, education and, most importantly, the right to practice the business of making money from sex.
    • Risks of violence: People in sex work are not only at a higher risk for violence, but they are also less likely to get protection from the police—often the very perpetrators of this violence.
    • Backwardness: Illiteracy, ignorance and fear of the medical establishment make it difficult for women to access healthcare.
    • Health hazards: Current discourse on HIV/AIDS has served to further stigmatize sex workers by labeling them as “vectors” and “carriers” of the disease.

    Protection against forceful sex work

    • The Immoral Traffic (Prevention) Act, 1986 is an amendment of the original act.
    • As per this act, prostitutes are to be arrested if they are found soliciting their services or seducing others.
    • Furthermore, call girls are prohibited from making their phone numbers public.
    • They can be punished for up to 6 months along with penalties if found doing so.

    Constitutional protection

    Article 23 of the Indian Constitution, amended in 2014, includes the following provisions:

    1. Prohibition of human trafficking and forced labour.
    2. Traffic in human beings and bears and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.
    3. Nothing in this article precludes the State from imposing compulsory service for public purposes, and the State shall not discriminate solely on the basis of religion, race, caste, or class, or any combination thereof, in imposing such service.

    So, where does India stand?

    • Prostitution is not illegal in our country, but soliciting and public prostitution are.
    • Owning a brothel is also illegal, but because places like GB Road are already in place, these laws are rarely enforced.

    What will change in India if the Centre accepts the court’s direction?

    • Sex workers will be accorded equal legal protection.
    • If a sex worker reports a criminal/sexual or other type of offence, the police will take it seriously and act in accordance with the law.
    • If a brothel is raided, the sex workers involved will not be arrested, penalised, harassed, or victimised.
    • Any sex worker who is a victim of sexual assault will be given all of the same services as a survivor of sexual assault, including immediate medical attention.
    • Police will be required to treat all sex workers with dignity and not verbally or physically abuse them, subject them to violence, or coerce them into any sexual activity.

    Where do other countries stand?

    Some countries choose to outright ban the practice, while others have attempted to regulate prostitution and provide health and social benefits to sex workers.

    Here are a few examples of countries where prostitution is legal:

    • New Zealand: Prostitution has been legal since 2003. There are even licenced brothels operating under public health and employment laws, and they get all the social benefits.
    • France: Prostitution is legal in France, though soliciting in public is still not allowed.
    • Germany: Prostitution is legalised and there are proper state-run brothels. The workers are provided with health insurance, have to pay taxes, and they even receive social benefits like pensions.
    • Greece: The sex workers get equal rights and have to go for health checkups as well.
    • Canada: Prostitution in Canada is legal with strict regulations.

    Conclusion

    • While sex worker collectives have shown tremendous progress in asserting the rights of sex workers across India, they face an uphill battle as the country continues to foster a globalized economy.
    • In the globalized world, sex work will become more institutionalized, functioning through escort services, and will no longer need traditional street brothels.
    • Legislators needs to ensure all rights to the sex workers at par with citizens.

     

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