PM has participated in the celebration of International Abhidhamma Divas and recognition of Pali as a classical language.
What is Abhidhamma?
Abhidhamma means “Higher Teaching” or “Special Teaching” in Pali, one of the three main divisions of the Tripitaka (Abhidhamma Pitaka) of Theravada Buddhism.
It offers a systematic and analytical exploration of mind and matter, delving deeper into Buddhist philosophy than the Sutta Pitaka.
The Abhidhamma explores mental states, consciousness, and psychological processes, providing a framework for understanding reality.
It is known for its technical and specialized vocabulary in Pali, such as:
Chitta (consciousness)
Chetasika (mental factors)
Rupa (materiality)
Nibbana (final liberation).
Abhidhamma Pitaka contains seven treatises, with Pannhana being one of the most notable for its analysis of causal relationships.
Traditionally, Buddha is believed to have taught the Abhidhamma to the gods in the Tavatimsa heaven, later sharing the teachings with his disciple Sariputta.
About International Abhidhamma Divas
It is celebrated Ashwin Purnima (Full Moon), to commemorate Buddha’s descent from Tavatimsa-devaloka (a celestial realm) to Sankassiya (Sankisa Basantapur, UP).
It actually marks the conclusion of a 3-month rain retreat, known as Varsavasa or Vasa, during which monks remain in a single location for meditation and prayer.
The celebration involves Dhamma discourses, academic sessions, and exhibitions that connect ancient wisdom with modern spiritual practices.
Vigyan Bhavan, New Delhi, hosts the event, organized by the Ministry of Culture in collaboration with the International Buddhist Confederation (IBC).
Teachings of Abhidhamma
The Abhidhamma provides a detailed framework for understanding the mind, matter, and existence.
It addresses complex concepts like birth, death, and mental phenomena in a precise and abstract manner.
Abhidhamma is known for its analytical approach:
It categorizes mental states and emotions.
It explains causal relationships that determine mental and material phenomena.
The teachings cover topics like:
Moral and mental states
Aggregates (components of existence)
Causal links
Path to enlightenment.
Historical Background and Significance
Abhidhamma Divas commemorates the day when Lord Buddha returned to earth after teaching the Abhidhamma in the Tavatimsa realm.
The descent is marked by the Ashokan Elephant Pillar at Sankassiya, highlighting its historical significance.
The celebration coincides with the end of the Rainy Retreat (Vassa), a period of monastic seclusion, and the Pavarana festival, a time of mutual reflection among monks.
Classical Status to Pali Language
In 2024, the event holds special significance due to the recognition of Pali as a Classical Language by the Indian government.
Pali is the ancient language in which much of Buddhist canonical literature is written, including the Tipitaka.
Recognized as a Classical Language by the Government of India in 2024, alongside Marathi, Prakrit, Assamese, and Bengali.
Pali’s significance lies in its role as the medium for delivering Buddha’s teachings, especially the Sutta Pitaka, Vinaya Pitaka, and Abhidhamma Pitaka.
The Tipitaka is composed of:
Vinaya Pitaka: Ethical rules for monks and nuns.
Sutta Pitaka: Discourses and teachings of Buddha.
Abhidhamma Pitaka: Detailed analysis of mental and physical phenomena.
Pali has a rich tradition of commentaries such as Atthasalini and Sammohavinodani, which aid in understanding Abhidhamma concepts.
PYQ:
[2020] With reference to the religious history of India, consider the following statements:
Sthaviravadins belong to Mahayana Buddhism.
Lokottaravadin sect was an offshoot of Mahasanghika sect of Buddhism.
The deification of Buddha by Mahasanghikas fostered the Mahayana Buddhism.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
[2016] With reference to the religious history of India, consider the following statements:
The concept of Bodhisattva is central to Hinayana sect of Buddhism.
Bodhisattva is a compassionate one on his way to Enlightenment.
Bodhisattva delays achieving his own salvation to help all sentient beings on their path to it.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3
Q) Elaborate the policy taken by the Government of India to meet the challenges of the food processing sector. (UPSC CSE 2019)
Q) What are the reformative steps taken by the Government to make the food grain distribution system more effective? (UPSC CSE 2019)
Q) What are the challenges and opportunities of the food processing sector in the country? How can the income of the farmers be substantially increased by encouraging food processing? (UPSC CSE 2020)
Mentor’s Comment: Food security in India faces several critical issues that affect the availability, accessibility, and quality of food for its population. A significant portion of India’s population lives below the poverty line, limiting their access to nutritious food. Despite high agricultural production, unequal distribution means that many people do not receive adequate food, leading to malnutrition and hunger.
While food availability has improved, there is a growing concern regarding the nutritional quality of food in upcoming years. Many people suffer from “hidden hunger,” lacking essential vitamins and minerals despite sufficient caloric intake. The increasing population pressures food resources, making it challenging to ensure that everyone has access to adequate nutrition.
Addressing these challenges requires a multi-faceted approach involving policy reforms, improved agricultural practices, and enhanced social safety nets to ensure equitable access to food across all segments of society.
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Let’s learn!
Why in the News?
The theme for this year’s World Food Day (16th Oct 2024) is “Right to Foods for a better life and a better future,” emphasizing the importance of equitable access to safe, nutritious, and affordable food.
This initiative is supported by the FAO, IFAD, and WFP in collaboration with the Government of India, highlighting the urgent need to address food insecurity affecting 733 million people globally.
What is Equitable Agrifood Systems?
Equitable agrifood systems are defined as those that not only ensure food security but also promote social equity among various stakeholders involved in the food supply chain.
Food access is a critical aspect of equitable agrifood systems, which aim to address food inequality and ensure that all individuals have sufficient access to nutritious food.
These systems are characterized by:
Sustainability: They contribute to the sustainable management of natural resources while ensuring economic opportunities for all actors within the agri-food sector.
Social Equity: They aim to provide equal access to resources, addressing disparities related to gender, ethnicity, and socio-economic status.
Nutritional Security: They focus on delivering adequate nutrition to all populations, combating issues like malnutrition and hunger.
Challenges in achieving Equitable Food Access
Current System Limitations: Existing agrifood systems often fail to provide adequate food security and equitable distribution, leading to simultaneous issues of hunger and overconsumption, known as the “triple burden of malnutrition”.
Investment Priorities: Most investments in agrifood systems prioritize production over social or environmental objectives, which limits progress toward equity.
Research Gaps: There are significant gaps in research focused on social equity outcomes within food systems. This lack of targeted research contributes to the marginalization of critical issues such as health, nutrition, and the needs of vulnerable populations like women and youth.
What are the different strategies for building Equitable Agrifood Systems?
Integrated Approaches: Transforming food systems requires integrated actions across sectors and levels of governance. This includes aligning agricultural practices with climate action initiatives to build resilience against environmental changes.
Policy Design: Policymakers must design inclusive policies that consider the impacts on gender and youth inequalities within agrifood systems. Monitoring these impacts is essential for ensuring equitable outcomes.
Engagement of Diverse Voices: Effective transformation necessitates the inclusion of diverse stakeholders—scientists, policymakers, farmers, women, youth, and Indigenous peoples—in decision-making processes. Their insights can help shape more responsive and equitable policies.
What role do sustainability and innovation play in promoting equitable agrifood systems?
Digital Technologies: Leveraging digital innovations can enhance access to information and resources for marginalized communities, improving their participation in agrifood systems.
Collaborative Research: Engaging multiple stakeholders in research efforts can help identify best practices and innovative solutions tailored to local contexts.
Conclusion: Achieving the SDG 2- “Zero Hunger” goal requires a multifaceted approach that addresses systemic inequities while promoting sustainability and resilience. By prioritizing social equity in policy design we can create a more just and sustainable future for all individuals within the global food system.
Q) “Access to affordable, reliable, sustainable, and modern energy is the sine qua non to achieve Sustainable Development Goals (SDGs)”.Comment on the progress made in India in this regard. (UPSC CSE 2018)
Q) Discussion the various social problems which originated out of the speedy process of urbanization in India.(UPSC CSE 2014)
Q) To what extent has the urban planning and culture of the Indus Valley Civilization provided inputs to the present-day urbanization? Discuss. (UPSC CSE 2013)
Mentor’s Comment: The SDG 11 for sustainable cities addresses the challenges of urbanization and aims to ensure that all urban areas provide equitable opportunities and improved living conditions for their residents.
Presently, our Indian cities are termed “heat traps” due to unbalanced urban growth, which has led to the depletion of water bodies and increased greenhouse gas emissions. Urban areas are significantly warmer than rural counterparts, exacerbated by concrete and glass structures that retain heat. Studies indicate urban areas can be 5-7°C hotter than surrounding rural areas. Vulnerable groups such as delivery workers, auto drivers, and street vendors face severe consequences from heat exposure, with limited access to hydration and shade.
Today’s editorial emphasizes the need for the privileged classes to confront the realities of urban life, as their comfort-driven lifestyles, facilitated by technology, contribute to systemic urban issues.
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Let’s learn!
Why in the News?
Cities like Delhi that are exceeding 50°C, highlight how poor urban planning disproportionately affects vulnerable groups, who suffer the most from extreme weather conditions.
This exacerbates inequalities and diminishes empathy towards those who serve.
There is a need for a reconnection with urban environments, urging the elite to leverage their influence to advocate for equitable improvements in living conditions for all.
How does poor urban planning impact marginalized sections of the urban society?
Delivery boys, who navigate city streets to meet the demand for online orders, face relentless heat with little relief.
Auto drivers are directly exposed to the scorching heat of the day as they strive to earn a living.
Construction workers are forced to work long hours outdoors, enduring the hot sun without adequate shade or hydration.
Domestic women workers frequently travel by foot, and street vendors constantly battle the whims of the weather, with their earnings declining as foot traffic reduces due to the heat.
Other challenges of poor Urban Planning and Technology’s impact
Disproportionate Effects: Poor urban planning primarily impacts marginalized communities, while the privileged remain largely unaffected.
Technology-Induced Inaction: Comforts of technology, like air conditioning and delivery apps, insulate the elite from urban challenges, reducing their motivation to advocate for change.
Reduced Outdoor Engagement: Grocery delivery and ride-hailing apps minimize the need to engage with the urban environment, fostering detachment.
The reliance on technology diminishes empathy towards service workers, as interactions are minimized.
Comfort Trap: A tech-enabled lifestyle creates a false sense of luxury, leading to greater human domestication and reduced social engagement.
Reactive Governance: Urban issues gain attention only when they affect the elite, prompting swift governmental action in affluent areas but neglecting broader community needs.
Cycle of Decline: Heat waves and poor conditions drive people indoors, increasing reliance on technology and further deteriorating public services.
Aggravated Inequalities: The integration of technology into urban living exacerbates existing inequalities and creates new ones, failing to improve overall quality of life.
Initiatives taken by the government:
• Heat Action Plans (HAPs): Cities like Ahmedabad have implemented HAPs that include establishing cooling centers, early warning systems, and public awareness campaigns about heat-related illnesses. Delhi Heat Wave Action Plan focuses on profiling heat hotspots, enhancing healthcare capacity, and developing emergency response protocols. • Budgetary Allocations: The Union Budget 2024-25 allocated significant funds for urban transformation projects, including Rs 10,400 crore for the Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and Rs 80,761 crore for the Pradhan Mantri Awas Yojana (PMAY).
What needs to be done?
Breaking the Comfort Trap: Reconnecting with cities and communities is essential for collective survival, moving beyond a false sense of comfort.
The privileged must leverage their influence to engage with governments and improve urban living conditions.
Confronting Urban Realities: Acknowledging the true state of urban areas is crucial for rebuilding equitable and livable spaces.
Changing Urban Landscape: Increasingly frequent extreme weather events are diminishing public spaces and outdoor activities.
Allowing convenience to dictate urban development risks the decline of cities, making them less sustainable for all.
For many years, International NGOs (INGOs) have promoted donor-driven agendas that have frequently caused harm to local communities.
Case Study: Africa and Bolivia
Tanzania and Kenya (Africa): In these regions, INGO-led conservation efforts, often backed by Western donors, displaced indigenous Maasai communities from their ancestral lands. These interventions were justified as conservation projects but disregarded local rights and livelihoods, leading to social and economic harm for the Maasai.
Bolivia (Cochabamba): Water privatization, supported by INGOs and international donors, restricted access to basic water resources, sparking widespread public outcry.
The privatization, part of broader neoliberal reforms, was later reversed due to local resistance, revealing the negative effects of donor-driven agendas on essential public services.
What are the Historical roots of Gender Imbalance?
Colonial Policies: British colonial land reforms in the 18th and 19th centuries, especially among land-owning castes, exacerbated female infanticide due to several socio-economic factors linked to inheritance, property rights, and the structure of agrarian society.
Post-Independence Malthusian Fears: Following independence, fears of overpopulation dominated Western perceptions of India, and INGOs, influenced by these Malthusian concerns, promoted population control measures.
Note: Malthusian concerns originate from the ideas of Thomas Malthus, an 18th-century British scholar. In his 1798 work, An Essay on the Principle of Population, Malthus argued that population growth would outpace food production, leading to widespread famine, disease, and societal collapse.
Role of INGOs in Worsening Gender Imbalance in India
Population Control Focus: INGOs such as the Ford Foundation, Rockefeller Foundation, and Population Council were instrumental in introducing sex-determination technologies, particularly between the 1950s and 1980s, by directing significant funds towards these efforts while sidelining other public health needs.
Influence in Institutions: INGOs embedded themselves in key Indian institutions such as AIIMS and the International Institute for Population Sciences (IIPS), shaping the direction of research and policy towards population management.
For example, Sheldon Segal of the Population Council worked closely with the Indian Health Ministry to prioritize family planning over other pressing health concerns like tuberculosis and malaria.
Promotion of Sex Selection: Doctors, influenced by the donor-driven agendas of INGOs, began promoting sex-determination technologies like amniocentesis under the pretext of reducing “unnecessary fecundity.”
Impact of Sex Determination Technology
Introduction and Spread: Sex determination technologies, such as amniocentesis and ultrasound, Initially intended for detecting fetal abnormalities, they were quickly co-opted for sex selection, leading to a significant increase in female foeticide.
Census data reveals a steady decrease from 943 girls per 1,000 boys in 1951 to 927 girls per 1,000 boys by 1991. The sharpest fall occurred between 1971 and 1991, coinciding with the spread of these technologies.
Regional Variations: States with easier access to sex-determination tests, such as Punjab and Haryana, experienced the steepest declines in their child sex ratios.
By 2001, Punjab’s ratio had dropped to 876 girls per 1,000 boys, while Haryana’s fell to 861.
Missing Girls: A 2006 study published in The Lancet estimated that sex-determination technologies contributed to the loss of 10 million female births in India between 1980 and 2010, with approximately 500,000 female foetuses aborted annually during this period.
Way forward:
Strengthen Legal Enforcement and Awareness: Enforce stricter penalties for illegal sex determination practices and raise public awareness to shift societal norms that value male children over female children, promoting gender equality at all levels.
Focus on Holistic Public Health and Gender Policies: Redirect INGO and government efforts toward comprehensive health programs, prioritizing women’s health, education, and economic empowerment, rather than solely focusing on population control.
The 2024 Nobel Prize has been awarded to South Korean writer Han Kang for her “intense poetic prose that confronts historical traumas and exposes the fragility of human life.”
Who is Han Kang?
Han Kang is a South Korean writer born in 1970 in Gwangju, South Korea.
She is known for her poetic and experimental writing style that confronts themes of historical trauma, violence, grief, and the fragility of human life.
After starting her literary career with poetry, she became widely recognized for her novels that address complex human emotions and the consequences of social and political structures.
Her Literary Works:
The Vegetarian (2007): This novel, which won the Man Booker International Prize in 2016, revolves around a woman who decides to stop eating meat and faces extreme reactions from her family. The story explores themes of control, independence, and violence. It was her breakthrough novel, translated into English in 2015.
Human Acts (2016): Set against the backdrop of the 1980 Gwangju Uprising, this novel tells the story of the massacre of protesting students by the South Korean military. Han Kang gives voice to the victims of history with a style that is both experimental and visionary.
The White Book (2017): An elegy dedicated to a sibling who passed away shortly after birth. The novel is a meditation on grief, narrated through white objects, symbolizing loss and memory.
Greek Lessons (2023): This novel, first published in Korean in 2011, tells the story of a woman who loses her ability to speak and her teacher, who is losing his sight. The novel explores loss, intimacy, and the connection between language and identity.
We Do Not Part (2025, forthcoming): This upcoming novel focuses on two women confronting a hidden massacre in Korean history from the 1940s. It explores how trauma can be transformed into art.
Citation for Nobel Prize 2024
The Swedish Academy’s official bio-bibliography highlights her ability to create universal narratives using a poetic and radical imagination.
Han Kang is praised for addressing patriarchy, violence, and historical injustices, while also examining the connections between body and soul and the living and the dead.
The academy notes that she has become an innovator in contemporary prose, showing how literature can speak the truth through her powerful and experimental style.
Recent Nobel Prizes in Literature:
2023: Jon Fosse (Norway) for his innovative minimalistic plays and prose, focusing on the human condition.
2022: Annie Ernaux (France) for her courageous exploration of personal and collective memory.
2021: Abdulrazak Gurnah (Tanzania) for his compassionate depictions of colonialism and migration.
2020: Louise Gluck (USA) for her deeply personal poetry that resonates universally.
Rabindranath Tagore: Won the Nobel Prize in 1913 for “Gitanjali,” becoming the first non-European laureate in Literature, recognized for his sensitive and spiritual poetry.
The 29th COP to the United Nations Framework Convention on Climate Change (UNFCCC) will begin on November 11, 2024, in Baku, the capital of Azerbaijan.
As global leaders gather near the Caspian Sea, the surrounding region of the South Caucasus faces significant climate challenges.
Key Areas at Risk:
(1) Regional/transboundary areas:
Northern Armenia and southern Georgia
North-west Azerbaijan and north-east Georgia (Alazani/Ganykh river basin)
(2) Within countries:
Yerevan and Ararat Valley (Armenia)
Lake Sevan (Armenia)
Kura-Ara(k)s lowlands (Azerbaijan)
Baku and Absheron peninsula (Azerbaijan)
Adjara and the Black Sea coast (Georgia)
Tbilisi, Mtskheta-Mtianeti, and Kakheti regions (Georgia)
AboutSouth Caucasus Region (Transcaucasia):
Details
Location
South of the Greater Caucasus Mountains, bordered by Russia (north), Turkey and Iran (south), between the Black Sea (west) and Caspian Sea (east).
Countries
Armenia, Azerbaijan, and Georgia; includes disputed territories like Nagorno-Karabakh (Artsakh), Abkhazia, and South Ossetia.
Mountains
Lesser Caucasus Mountains (up to 3,000m); includes the Zangezur Range, Meskheti Range, and Armenian Highlands.
Seas
Between the Black Sea and Caspian Sea; Absheron Peninsula (Azerbaijan) extends into Caspian Sea, rich in oil.
Rivers and Lakes
Major rivers: KuraRiver (Georgia & Azerbaijan) and Aras River (Armenia & Azerbaijan). Key lake: Lake Sevan (Armenia).
Climate
Continental climate: hot summers and cold winters;
Subtropical climate along Georgia’s Black Sea coast;
Semi-arid to desert climate near Caspian Sea, especially Azerbaijan.
Natural Resources
Rich in oil and natural gas, particularly in Azerbaijan; critical hub for energy pipelines like the Baku-Tbilisi-Ceyhan pipeline.
Geopolitical Importance
Strategic transit route for energy resources to Europe; region of geopolitical tensions due to conflicts (Nagorno-Karabakh, South Ossetia, Abkhazia).
Hurricane Milton made landfall near Siesta Key, Florida, USA which caused heavy rain, flooding and strong winds resulting in significant damage and loss of lives.
Hurricane Milton: Origin and Causes
Hurricane Milton was a powerful storm that made landfall in Florida near Siesta Key, causing widespread damage.
It was a Category 5 hurricane with wind speeds of 285 km/h, making it one of the strongest hurricanes ever recorded in the Atlantic Ocean.
It originated in the Gulf of Mexico, an area connected to the Atlantic Ocean.
Why it was an unusual storm?
Milton went from a Category 1 storm to a Category 5 storm in just 12 hours.
Usually, hurricanes intensify at a slower pace, but Milton’s wind speeds increased by 145 km/hin one day, which is very rare.
Sea-surface temperatures of 31°C were much higher than the 26°C needed for hurricane formation.
This excess heat allowed Milton to intensify quickly.
Most hurricanes follow a westward path, but Milton moved eastward and made landfall on the western coast of Florida.
According to scientists, very few hurricanes have taken this path before.
Wind shear is a change in wind speed and direction that can weaken hurricanes.
In Milton’s case, there was almost no wind shear, allowing the storm to grow stronger without interference.
PYQ:
[2020] Consider the following statements:
1. Jet streams occur in the Northern Hemisphere only.
2. Only some cyclones develop an eye.
3. The temperature inside the eye of a cyclone is nearly 10ºC lesser than that of the surroundings.
Which of the statements given above is/are correct?
After decades of steady increases in human life expectancy due to advancements in medicine and technology, recent trends suggest that these gains are starting to slow down, according to a new study.
The Key Findings of the Study:
Slowing of Life Expectancy Gains: After decades of rising life expectancy due to medical and technological advancements, the pace of these increases has slowed significantly. The study suggests that human life expectancy has nearly plateaued, with dramatic extensions unlikely without breakthroughs in anti-aging medicine.
Regional Analysis: The study analyzed life expectancy data between 1990 and 2019 from regions with the longest life spans, such as Australia, Japan, and Sweden.
Even in these regions, life expectancy increased by only 6.5 years on average over the 29-year period.
Challenges of Radical Life Extension: Researchers found that while people live longer due to improvements in healthcare, the human body’s aging process—marked by the declining function of internal organs—limits life span. Even if diseases like cancer and heart disease are eliminated, aging itself remains a barrier.
Low Probability of Reaching 100: The study estimates that girls born in the longest-living regions have only a 5.3% chance of reaching 100 years, while boys have a 1.8% chance. Thus, despite medical advancements, reaching 100 years remains rare without interventions to slow aging.
Aging as the Primary Barrier: Researchers argue that extending average life expectancy dramatically will require breakthroughs that slow the aging process rather than just better treatments for common diseases.
Some experimental drugs, like metformin, have shown potential in animal studies, but human trials are needed.
India’s Present Status:
Lower Life Expectancy: As of 2024, India’s average life expectancy is around 70 years, In contrast, countries like Japan and Switzerland boast life expectancies exceeding 83 years.
Healthcare Advancements: While India has made significant progress in combating infectious diseases and improving maternal and child health, chronic illnesses and lifestyle diseases (such as heart disease and diabetes) are emerging as leading causes of death.
What Needs to Be Done: (Way forward)
Focus on Anti-Aging Research: India must invest in research on aging and regenerative medicine, exploring ways to slow down the aging process rather than just treating diseases.
Strengthening Healthcare Systems: Expanding access to quality healthcare and preventive medicine to manage age-related diseases can enhance the quality of life in later years, even if life expectancy does not rise dramatically.
Policy Support for Longevity Research: There is a need for policies supporting medical research into life-extension technologies, including drug trials and clinical studies focused on aging.
Public Health Interventions: Improved public health measures targeting lifestyle diseases (obesity, diabetes) and better management of age-related conditions can enhance life span and overall well-being.
Mains PYQ:
Q The increase in life expectancy in the country has led to newer health challenges in the community. What are those challenges and what steps need to be taken to meet them? (UPSC IAS/2022)
On October 2, the Washington DC-based United States Commission on International Religious Freedom (USCIRF) released a country update on India, highlighting what it described as “collapsing conditions for religious freedom.”
Mandate of the USCIRF
Monitoring Religious Freedom: The USCIRF is tasked with monitoring the universal right to freedom of religion or belief (FoRB) in countries outside the U.S. This includes assessing violations based on international human rights standards, particularly Article 18 of the Universal Declaration of Human Rights.
Annual Reports: The commission produces annual reports that evaluate religious freedom conditions and recommend countries for designation as “Countries of Particular Concern” (CPC) or for inclusion on the “Special Watch List” (SWL).
Policy Recommendations: USCIRF provides policy recommendations to the President, Secretary of State, and Congress regarding actions to address violations of religious freedom.
How does the UNSCIRF designate a country as a ‘Country of Particular concern’?
Criteria for CPC Designation: A country is designated as a CPC if it engages in or tolerates “systematic, ongoing, and egregious violations” of religious freedom. This includes severe actions such as torture, prolonged detention without charges, and other flagrant denials of basic rights.
Recommendation Process: The USCIRF assesses countries based on its findings and recommends those that meet the CPC criteria. The U.S. Secretary of State ultimately decides whether to accept these recommendations and designate countries accordingly.
How has the Indian government reacted to the report?
Rejection of Findings: The Indian government has strongly rejected the USCIRF’s report, labeling it as biased and politically motivated. Officials argue that the commission misrepresents facts regarding religious freedom in India.
Defense of Policies: The Ministry of External Affairs stated that India is committed to protecting the rights and freedoms of all its citizens, regardless of their faith, and urged USCIRF to refrain from agenda-driven narratives.
Way forward:
Engage in Diplomatic Dialogue: India should proactively engage with international bodies like USCIRF to address concerns, clarify its stance, and present factual data on religious freedom, fostering mutual understanding.
Strengthen Domestic Protections: India should reinforce legal and institutional frameworks to safeguard minority rights and religious freedoms, ensuring transparent mechanisms to address grievances and counter negative perceptions globally.
Q). The soul of new law, Bhartiya Nyay Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. (UPSC CSE 2024)
Q) Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC CSE 2021)
Q) Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (UPSC CSE 2021)
Mentor’s Comment: There have been continuous debates around the Legislative vs. Judicial powers. The present case is also not different. The Supreme Court of India is currently reviewing the constitutionality of the Marital Rape Exception (MRE) under Section 63 of the Bharatiya Nyaya Sanhita, 2023, which states that sexual acts by a husband with his wife are not considered rape if the wife is over eighteen.
The Centre contends that defining criminal offenses is a legislative matter, although the Supreme Court can assess whether the MRE violates Fundamental Rights under the Indian Constitution. This case has sparked significant debate regarding women’s rights and bodily autonomy in India.
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Let’s learn!
Why in the News?
The Supreme Court of India is examining the constitutionality of Section 63, Marital Rape Exception (MRE) in the Bharatiya Nyaya Sanhita, 2023, which exempts husbands from rape charges involving their wives over eighteen.
The Centre has filed an affidavit supporting this exception, addressing legal concerns related to Articles 14 and 21, highlighting the ongoing debate over women’s rights and bodily autonomy in India.
What are the challenges highlighted by the Central government?
1) The issue of ‘expectation’:
The Centre argues that the Marital Rape Exception (MRE) does not violate Article 14 (right to equality) because married and unmarried women are not in the same position.
It claims that marriage creates a “continuing expectation of reasonable sexual access,” which justifies distinguishing between non-consensual sex within and outside marriage.
The concept of “reasonable sexual access” is criticized as vague, raising questions about who defines it and whether it is subjective or objective.
2) The issue over Marriage institutions and the misuse of law:
The Centre argues that recognizing marital rape as a criminal offense could undermine the sanctity of marriage and lead to false allegations that are hard to disprove.
The argument about the potential misuse of marital rape allegations is seen as a distraction, as any criminal offense can be misused, and trials are designed to determine the validity of claims.
The Centre emphasizes that various laws like, Sections 354, 498A IPC, and the Protection of Women from Domestic Violence Act already provide remedies for violations of consent within marriage
3) The arguments on the Court’s jurisdiction:
The Centre claims marital rape is a social issue, arguing it falls outside the Court’s jurisdiction, despite the law regulating many aspects of life.
The Centre asserts that Court’s task is to determine if the Marital Rape Exception (MRE) violates Fundamental Rights, not to decide if marital rape should be criminalized.
Many arguments in favor of MRE presented by the Centre are seen as lacking strong legal justification.
What role should Parliament play in addressing marital rape?
Consultation with Stakeholders: Engaging in extensive consultations including women’s rights groups, legal experts, and social scientists will help.
It needs to Promote awareness about consent and the implications of marital rape to shift societal attitudes and foster a culture that respects women’s rights within marriage.
Balancing Rights and Social Norms: Weighing the need for women’s rights and bodily autonomy against traditional views of marriage as an inviolable institution, and ensure that any reforms need to respect both individual rights and societal values.
Updating Legal Framework: Reforming existing laws to provide adequate protection for victims of marital abuse without undermining the institution of marriage, ensuring that legal remedies are effective and accessible.
Parliament also needs to review current legal provisions to ensure they adequately address violations of consent within marriage.
Way Forward:
MRE, being a ‘law’, is subject to Part III of the Constitution of India. In other words, the Court may not be empowered to decide whether marital rape should be a criminal offense or not, but it is very much within the jurisdiction of the Court to determine whether MRE violates a fundamental right and to strike it down if it does.
