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GS Paper: GS1-07.Role of women and women’s organization, population and associated issues, poverty and developmental issues.

  • Gender pay gap in India

    women empowermentContext

    • Despite notable progress in closing the gender pay gap over time in India, the gap remains high by international standards. Asymmetries still abound in the country’s labor market stopping women empowerment .
    • Time to reassess the progress made in to close the Gender pay gap.

    Background

    • The third International Equal Pay Day is observed globally on September 18, 2022.
    • It is a United Nations-recognized event to highlight the issue of gender pay gap.
    • International Labor Organization’s “Global Wage Report 2020–21” which suggests the crisis inflicted massive downward pressure on wages and disproportionately affected women’s total wages compared to
    • This greater wage reduction for women means that the pre-existing gender pay gap has widened.

    women empowermentCovid-19 Impact

    • While it is difficult to tell exactly what the economic damage from the global covid-19 pandemic has been, it is clear that its impact has been uneven, with women being among the worst affected in terms of their income security.
    • Many women reverted to full-time care of children and the elderly during the pandemic, foregoing their livelihoods to do so.

    What is gender pay gap?

    • The gender pay gap or gender wage gap measures the difference between the average earnings of women and men in the workforce.
    • In simple term it is a measure of what women are paid relative to men.
    • Women are generally found to be paid less than men.

    Why is the gender pay gap?

    • Education: low investment o girl education, Girl children are kept out of schools, or made drop out of school at early age, girl is considered as burden on family in many societies.
    • workforce : even if they are educated they are not allowed to work by their families, very limited or no decision making power, lack of women friendly work environment, discriminatory practices at workplaces.
    • Household: early marriage , responsibilities of the household at early age , spending more times on domestic chores,
    • Healthcare: malnutrition, anemia, Maternity, child care, looking after health of the elderly family members etc.

     

    These are some of the reasons which affect education, skills, experience and the career prospectus of women as compared to men and contribute to widen the gender wage gap.

     

    women empowermentDiscrimination as factor

    • A part of gender pay gap attributed to education, skills or experience, a large part of the gender pay gap can still purely because of discrimination based on one’s gender or sex.
    • Gender-based discriminatory practices include: lower wages paid to women for work of equal value; undervaluation of women’s work in highly feminized occupations and enterprises, and motherhood pay gap lower wages for mothers compared to non-mother.

    women empowermentStatus in India

    • The gender pay gap in India is among the widest in the world.
    • Indian women earned, on an average, 48% less compared to their male counterparts in 1993-94
    • According to labor force survey data of the National Sample Survey Office (NSSO) gap declined to 28% in 2018-19.
    • Periodic Labor Force Survey (PLFS) 2020-21 show an increase in the gap by 7% between 2018-19 and 2020-21.
    • Recently, the World Economic Forum (WEF) ranked India at 135 out of 146 countries in its Global Gender Gap (GGG) Index for 2022.
    • According to the estimates of the World Inequality Report 2022, in India, men earn 82 per cent of the labor income whereas women earn 18 per cent of it.

    women empowermentSteps taken by India

    • Minimum Wages Act in 1948: It is an act of parliament, aimed at statutory fixation of minimum wages that must be paid to skilled and unskilled labours. Payment of wages below the minimum wage rate amounts to forced labour.
    • Equal Remuneration Act in 1976: This act of parliament provides for the payment of equal remuneration to men and women workers for the prevention of discrimination. It helps in bridging the gap between unequal remuneration faced by the women of our country.
    • Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005: MGNREGA contributed to the rapid rise in overall rural and agricultural wages in the country. It benefited rural women workers and helped reduce the gender pay gap, both directly and indirectly. Directly, by raising the pay levels of women workers and indirectly to women involved in agricultural occupations through higher earnings.
    • The Maternity Benefit (Amendment) Act 2017: has increased the duration of paid maternity leave available for women employees to 26 weeks from 12 weeks for all women working in establishments employing 10 or more workers. This is expected to reduce the motherhood pay gap among mothers in the median and high end wage earners working in the formal economy also it will help in women empowerment.
    • Skill India Mission: To equip women with market-relevant skills to bridge the learning to-livelihood gap and the gender pay gap.
    • In 2019, India carried out comprehensive reforms in both the legislation and enacted the Code on Wages.

    Way ahead

    • While the gender pay gap is slowly narrowing, acceleration and bold actions to prevent the widening of gender pay gap is the need of the hour.
    • Equal pay for work of equal value is necessary to close the gender pay gap.
    • Closing the gender pay gap is key to achieving social justice for working women, as well as economic growth for the nation as a whole
    • Without social justice women empowerment is a futile exercise.

     

    Mains Question

    Q. Define gender equality .Equal pay for equal work is necessary to bridge the gender pay gap India .Comment.

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  • Domestic violence needs to stop for true women empowerment

    domestic violenceContext

    • Due to prevalence of patriarchy women have been discriminated not only in India but in most parts of the world. According to The United Nations, one out of every three women experience domestic violence. The same UN report suggests that the most dangerous place for women is their home. Gender equality and women’s empowerment are essential for the development and well-being of families, communities and nations.

    How UN women defines Violence against women and girls

    • Any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women and girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

    Why Women are the victim?

    • Domestic violence is one of the most common forms of violence experienced by women globally.
    • Women are usually the victim of domestic violence that derives from unequal power relationships between men and women.

    domestic violenceWhy there is recent spike in violence against women?

    • According to UN, Violence against women and girls is one of the world’s most prevalent human rights violations, taking place every day, many times over, in every corner of the world.
    • Conditions created by the pandemic – including lockdowns, reduced mobility, heightened isolation, stress and economic uncertainty have led to an alarming spike in domestic violence and have further exposed women and girls to other forms of violence, from child marriage to sexual harassment online.

    What is Domestic violence?

    • Domestic violence is any pattern of behavior that is used to gain or maintain power and control over an intimate partner. It encompasses all physical, sexual, emotional, economic and psychological actions or threats of actions that influence another person.
    • Domestic violence can include the following.
      • Psychological violence: Psychological violence involves causing fear, threatening physical harm or forcing isolation from friends, family, school or work.
      • Economic violence: Making or attempting to make a person financially dependent by maintaining total control over financial resources.
    • Emotional violence: Undermining a person’s sense of self-worth through constant criticism; belittling one’s abilities; verbal abuse.
    • Physical violence: Use of Physical force or hurting or trying to hurt a partner .it also includes denying medical care.
    • Sexual violence: Forcing a partner to take part in a sex act when the partner does not consent

    What is the current Status in India?

    • Nearly one-third of women in India have experienced physical or sexual violence
    • The most common type of spousal violence is physical violence (28%), followed by emotional violence and sexual violence
    • While domestic violence against women has declined from 31.2% to 29.3% in the country, 30% women between the age of 18 and 49 have experienced physical violence since the age of 15 years, while 6% have experienced sexual violence in their lifetime,.
    • Only 14% of women who have experienced physical or sexual violence by anyone have brought the issue up.
    • 32% of married women (18-49 years) have experienced physical, sexual, or emotional spousal violence.

    Recent findings from National Family health Survey Report-5

    • Status: Domestic violence against women is highest in Karnataka at 48%, followed by Bihar, Telangana, Manipur and Tamil Nadu. Lakshawdeep has the least domestic violence at 2.1%.
    • Rural–urban difference: Physical violence is more common among women in rural areas (32%) as compared to their urban areas (24%).
    • Impact of schooling and education: 40% women with no schooling are subject to physical violence compared to 18% who completed their schooling.
    • Impact of employment and wealth: The experience of physical violence ranges between 39% among women in the lowest wealth quintile and 17% in the highest wealth quintile.

     Why women left behind as compared to men in India?

    • Patriarchal structure: Patriarchal structures and ideologies and the mindset lead to women subordination and gender inequalities
    • Low sex ratio: Sex ratios for women in India Is not good comparatively. It was even bad at the time of independence.
    • Life expectancy: Women’s life expectancy, health, nutritional levels are significantly lower than that of men.
    • Education: low investment on girl education, Girl children are kept out of schools, or made drop out of school at early age, girl is considered as burden on family in many societies.
    • Employment: even if they are educated they are not allowed to work by their families Discrimination at the workplaces, lower wages for the work of equal value.
    • Decision making: The have little say in the families, socio economic, legal and political rules and policy formulations. Very limited or no decision making power.
    • Political participation: The participation of women in political and social decision making power is abysmally low. Their number in parliament has never exceeded more than 10%.

    What can be done for empowering women?

    • Recognition: Recognition of women as productive, vital agents of family and environment should be a precondition for addressing their social needs. We need to change the way they are perceived.
    • Treatment: They must not be only treated only as objects of welfare but needed to be treated as those who are contributing to the economy.
    • Health: To provide quality and affordable healthcare and must be easily accessible.
    • Education: Education of women is the most important component for women’s empowerment.
    • Safe and secure environment: providing safety and security is the precondition for empowerment and social justice.
    • Economic Independence: Helping women to stand on their legs, become independent and also to earn for their family is necessary to empowering women and to raise their hand in decision making process of family, society and nation

    domestic violenceWoman as the foundation stone of every family, society and nation

    • India has an ancient woman worship tradition.
    • In India we see woman as a mother goddess. There are no of evidences to support this idea
    • For instance the Sanskrit text “Yatra naryastu pujyante ramante tatra Devata”which means where women are honored, there gods resides.
    • Which means there is a overall development if the women of the family is happy.

    domestic violenceConclusion

    • Domestic violence against women is major obstacle on progress on achieving development targets. Without addressing it, anybody have little chance of meeting millennium development. Recognition of women as productive, vital agents of family and environment should be a precondition for addressing their social needs. Gender equality and women’s empowerment are essential for the development and well-being of families, communities and nations.

    Mains Question

    Q. Empowering women on every front is the pre-condition for the overall development of the nation. Discuss.

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  • Glass ceiling needs to be broken to unlock women potential

    glass ceilingContext

    • According to available UNESCO data on some selected countries, India is at the lowest position, having only 14% female researchers working in STEM areas highlighting the presence of glass ceiling.

    What is glass ceiling?

    • A glass ceiling is a metaphor used to represent an invisible barrier that prevents women from rising beyond a certain level in a hierarchy. The metaphor was first coined by feminists in reference to barriers in the careers of high-achieving women.

    What Is a Gender-equal Society?

    • A society in which both women and men shall be given equal opportunities to participate voluntarily in activities in all fields as equal partners, and be able to enjoy political, economic, social and cultural benefits equally as well as to share responsibilities.

    How glass ceiling limits women progress?

    • Few opportunities: Due to deep-rooted biases, it is difficult for women to access many experiences and networks that are easily accessible to men.
    • Social barriers and gender norms: Personal barriers include notions of compromise and sacrifice that are ingrained in women. This feeds into how women present themselves. External barriers and cultural cues reinforce how men and women “ought” to behave.
    • Gender Inequity: Stereotypes related to gender brilliance or gender-based intrinsic aptitude generate inequity which remains unnoticed.
    • Low self-confidence: Our socio-cultural constructs reflect absolute patriarchy causing even women to be sceptical about their abilities, to accept the roles set for them in the household.

    glass ceiling The gender gap in employment

    • Around the world, finding a job is much tougher for women than it is for men. When women are employed, they tend to work in low-quality jobs in vulnerable conditions, and there is little improvement forecast in the near future.

    glass ceilingWhat are STEM areas?

    • STEM stands for science, technology, engineering and mathematics and refers to any subjects that fall under these four disciplines.

    What are the drivers at policy and programme level to promote women in STEM in India?

    • Breaking myths and stereotypes around STEM is crucial to achieve the UN’s Sustainable Development Goal 5 (gender equality) which includes women’s use of enabling technology, including ICT as a means of achieving economic empowerment and greater agency and also many other STEM-related SDGs.

    glass ceilingGovernment initiatives

    • GATI: It will be called GATI (Gender Advancement through Transforming Institutions). The DST is incorporating a system of grading institutes depending on the enrolment of women and the advancement of the careers of women faculty and scientists.
    • CURIE: For infrastructure in women’s universities
    • Vigyan Jyoti Scheme: Encourage girls in high school to pursue STEM
    • The Athena Swan Charter: is a framework which is used across the globe to support and transform gender equality within higher education (HE) and research.
    • KIRAN: (Knowledge Involvement in Research Advancement through nurturing) Scheme to encourage women Scientists
    • Indo-US Fellowship: for Women in STEMM (STEM and Medicine)

    Conclusion

    • Gender equality or parity will happen only when there is a change in mind-set and institutions consider women as assets rather than simply a diversity rectification issue. Policies that help women advance in science and society globally are needed. The world cannot afford to miss out on what women have to offer.

    Mains question

    Q. What do you understand by the term glass ceiling? Discuss how it has hampered the women participation in high end research STEM jobs by citing some government initiatives to address this.

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  • Strong gender norms of japan reducing gender equality

    Gender norms Context

    • Japan ranked lowest among the developed countries in the World Economic Forum’s Global Gender Gap Index 2022 due to its prevalent gender norms.

    What Is a Gender-equal Society?

    • A society in which both women and men shall be given equal opportunities to participate voluntarily in activities in all fields as equal partners, and be able to enjoy political, economic, social and cultural benefits equally as well as to share responsibilities.

    What is sexism in simple words?

    • Prejudice or discrimination based on sex especially discrimination against women. Behaviour, conditions, or attitudes that foster stereotypes of social roles based on sex.

    What is the meaning of gender norms?

    • Gender norms are social principles that govern the behaviour of girls, boys, women, and men in society and restrict their gender identity into what is considered to be appropriate. Gender norms are neither static nor universal and change over time.

    Gender norms Persistent gender norms in japan

    • Men should work outside the home.
    • Genders should be brought up differently.
    • Women are more suited to household work and child rearing than men.
    • Full time housewives are valuable to society because of their family raising role.

    What is womenomic’s?

    • “Womenomics”, a theory linking the advancement of women to increased development rates. The concept, originally defined by the Japanese Prime Minister Abe.

    What is women’s empowerment all about?

    • Women’s empowerment can be defined to promoting women’s sense of self-worth, their ability to determine their own choices, and their right to influence social change for themselves and others.

    gender norms

    Measures toward the Realization of a Gender-equal Society

    • Promoting the Participation of Women in National Advisory Councils and Committees.
    • Recruiting and Promoting of Female National Public Officers.

    What is needed to improve women’s welfare?

    • Community sensitization: Persistent effort must be directed toward community sensitization to root out patriarchal social norms.
    • Directional efforts: In addition to enforcing existing regulations like minimum wages, there must be supportive ancillary policies including childcare; secure transport; lighting; safety at work; and quotas in hiring, corporate boards, and politics to foster more  women  in  leadership.

    Key fact

    Japan is the world’s fourth largest economy.

    Conclusion

    • Due to the labour shortage in Japan, women are undoubtedly an essential resource for the nation. Hence, they should also be further involved in policy-making and social decisions such as gender inequality solving and feasible Womenomic’s adjustments for the next future.

    Mains question

    Q. Japan’s struggle with gender parity teaches us that investing in women’s education and health may have limited impact if that society is trapped in gender norms that restrict women from capitalising these investments for themselves, the society and the country. Critically analyse.

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  • Long road ahead: Towards women empowerment

    Context

    • Gender parity is not recovering, according to the Global Gender Gap Report 2022. It will take another 132 years to close the global gender gap.
    • As crises are compounding, women’s workforce outcomes are suffering and the risk of global gender parity backsliding further intensifies.

    Why in news?

    • India has one of the world’s lowest female labour force participation rates (LFPR).
    • This means the productive potential of half of the population goes unutilized.

    What is women’s empowerment all about?

    • Women’s empowerment can be defined to promoting women’s sense of self-worth, their ability to determine their own choices, and their right to influence social change for themselves and others.

    Why it is needed?

    • Human resource: Empowerment of women is a necessity for the very development of a society, since it enhances both the quality and the quantity of human resources available for development.
    • Sustainable development: Women’s empowerment and achieving gender equality is essential for our society to ensure the sustainable development of the country.

    Constraints in women empowerment

    • Illiteracy: Illiteracy has been found as major constraints for the attainment of women Empowerment in the nation. It is the rate of literacy which governs the reservation, takeover and competition among women for their right in country. Female child are less privileged for attaining schools.
    • Discriminatory nature of male towards female: In India, since the olden days, the men have been in control of politics, social, economical as well as cultural and traditional spheres of life.
    • Religious and cultural beliefs: This is another important constraint of women’s empowerment in India which tightens up the female population. It is because of unknowing believes and following superstitions.
    • Less participation of women in political field: In particular, women them self involves less in the political filed. Their participation is very insignificant in political issues and right as compared to male population.

    What happens if we don’t act?

    • Economical losses: Evidence shows that economic disempowerment of women can result in losses of 10% of GDP in industrialized economies and over 30% in South Asia and in the Middle East and North Africa.
    • Work opportunities: India’s GDP could grow by nearly ₹3 trillion if women were brought into the labour market and given access to formal, ‘decent’ work opportunities.

    Case study

    Mahila Sanatkar a craftswomen cooperative located in Hyderabad.

    Economic and social  effects: It  is  noticeable  some  social  results  such  as  skill building, self-confidence  enhancement,  the  mobility acquired  by the  women.

    What is needed to improve women’s welfare?

    • Community sensitization: Persistent effort must be directed toward community sensitization to root out patriarchal social norms.
    • Directional efforts: In addition to enforcing existing regulations like minimum wages, there must be supportive ancillary policies including childcare; secure transport; lighting; safety at work; and quotas in hiring, corporate boards, and politics to foster more  women  in  leadership.
    • Universal social mobilization: Identification and inclusion of the poor remains a challenge. There is need to develop community resource persons for participatory identification of poor.
    • Training, Capacity Building & Skill Upgradation: There is lack of appropriate training plans, quality training and availability of expert training institutions.
    • Universal Financial Inclusion: Lack of uniform financial management systems at all tiers of SHGs has impacted the growth in bank accounts, improvement in financial literacy, and absorption capacity of community members.
    • Multiple & Diversified Livelihoods: There is lack of progressive leadership for inclusiveness of small-sized enterprises at the federal level. Market/ forward linkages, is largely missing.

    Conclusion

    • If we improve women’s labour force participation, not only do we harness the massive productive potential of half of the population, but their earnings will yield enormous dividends for the future of the country and economy.

    Mains question

    Q. What do you consider as true women empowerment? Assess the constraints for the same and give directional efforts needed to overcome it.  

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  • Practice of talaq-e-hasan not so improper: Supreme Court

    The Supreme Court has prima facie observed that the Muslim personal law practice of talaq-e-hasan is “not so improper”.

    What is Talaq-e-hasan?

    • Talaq-e-hasan is a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month over a three-month period.

    Why did the apex court say this?

    • The SC Bench said a Muslim woman has the option to divorce by the process of khula by returning the dower (mahr) or something else that she received from her husband or without returning anything.
    • This can be as per agreed by the spouses or Qadi’s (court) decree depending on the circumstances.

    Petitioner’s contention

    • The petitioner argued that talaq-e-hasan and other forms of unilateral extra-judicial divorce is an evil plague similar to sati.
    • Talaq-e-hasan is arbitrary, irrational and contrary to Articles 14, 15, 21 and 25 and international conventions on civil rights and human rights, the petition submitted.
    • There should be a gender neutral, religion neutral, uniform grounds of divorce and uniform procedure of divorce for all citizens, it read.
    • The petitioner argued that the practice in question was “neither harmonious with the modern principles of human rights and gender equality nor an integral part of Islamic faith”.
    • The practice discriminates against Muslim women as they cannot resort to it against their husbands.

    Why in news?

    • The apex court, while striking down triple talaq in the Shayara Bano case, did not address the issue of talaq-e-hasan.
    • The unilateral practice of divorce was is definitely defies morality.

     

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  • India ranks 135 out of 146 in Gender Gap Index

    India ranks 135 among a total of 146 countries in the Global Gender Gap Index, 2022, released by the World Economic Forum.

    What is Global Gender Gap Index?

    • The report is annually published by the World Economic Forum (WEF).
    • It benchmarks gender parity across four key dimensions or sub-indices — economic participation and opportunity, educational attainment, health and survival, and political empowerment.
    • It measures scores on a 0-to-100 scale, which can be interpreted as the distance covered towards parity or the percentage of the gender gap that has been closed.
    • The report aims to serve “as a compass to track progress on relative gaps between women and men on health, education, economy and politics”.
    • According to the WEF it is the longest-standing index, which tracks progress towards closing these gaps over time since its inception in 2006.

    How has India fared on different sub-indices?

    Here’s how it stands on different sub-indices:

    (1) Political Empowerment

    • This includes metrics such as the percentage of women in Parliament, the percentage of women in ministerial positions etc.
    • Of all the sub-indices, this is where India ranks the highest (48th out of 146).
    • However, notwithstanding its rank, its score is quite low at 0.267.
    • Some of the best-ranking countries in this category score much better.
    • For instance, Iceland is ranked 1 with a score of 0.874 and Bangladesh is ranked 9 with a score of 0.546.
    • Moreover, India’s score on this metric has worsened since last year – from 0.276 to 0.267.
    • The silver lining is that despite the reduction, India’s score is above the global average in this category.

    (2) Economic Participation and Opportunity

    • This includes metrics such as the percentage of women who are part of the labour force, wage equality for similar work, earned income etc.
    • Here, too, India ranks a lowly 143 out of the 146 countries in contention even though its score has improved over 2021 from 0.326 to 0.350.
    • Last year, India was pegged at 151 out of the 156 countries ranked.
    • India’s score is much lower than the global average, and only Iran, Pakistan and Afghanistan are behind India on this metric.

    (3) Educational Attainment

    • This sub-index includes metrics such as literacy rate and the enrolment rates in primary, secondary and tertiary education.
    • Here India ranks 107th out of 146, and its score has marginally worsened since last year.
    • In 2021, India was ranked 114 out of 156.

    (4) Health and Survival

    • This includes two metrics: the sex ratio at birth (in %) and healthy life expectancy (in years).
    • In this metric, India is ranked last (146) among all the countries.
    • Its score hasn’t changed from 2021 when it was ranked 155th out of 156 countries.
    • The country is the worst performer in the world in the “health and survival” sub-index in which it is ranked 146.

    Where does India stand amongst its neighbour?

    • India ranks poorly among its neighbours and is behind Bangladesh (71), Nepal (96), Sri Lanka (110), Maldives (117) and Bhutan (126).
    • Only the performance of Iran (143), Pakistan (145) and Afghanistan (146) was worse than India in South Asia.
    • In 2021, India ranked 140 out of 156 nations.

     

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  • Judicial Validity of the Talaq-e-Hasan mode of Divorce

    A public interest litigation (PIL) seeking to invalidate Talaq-e-Hasan, the prescribed Islamic way of divorce, has been filed in the Supreme Court.

    What is the PIL about?

    • The petition seeks to make the prescribed Islamic way of divorce Talaq-e-Hasan unconstitutional as it is violative of Articles 14, 15, 21 and 25 of the Constitution.
    • The petitioner has been unilaterally divorced through the Talaq-e-Hasan mode by her husband.
    • She also prayed that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 that permits Muslims to practise unilateral divorce be declared void.

    Basis of the PIL

    • The hearing comes almost five years after the five judge Bench headed by then CJI J.S. Khehar invalidated instant triple talaq in their verdict in the Shayara Bano vs the Union of India Case.
    • The invalidation of instant triple talaq where the court held, “What is bad in theology is bad in law as well”, led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act 2019.

    What is Triple Talaq?

    • In instant triple talaq a man pronounces multiple divorce in one go.
    • It has no scope for reconciliation between the feuding couple, and often ends a marriage instantly.
    • It is, as the judges held, not mentioned anywhere in the Quran which prescribes a code of divorce largely through Surah Baqarah, verses 226 to 237 and the opening six verses of Surah Talaq.
    • Incidentally, triple talaq in this manner has been banned in many Muslim countries, including Egypt, Pakistan, Jordan, Kuwait, Iraq, Malaysia etc.

    How is Talaq-e-Hasan different from instant triple talaq?

    • Unlike instant triple talaq, Talaq-e-Hasan is pronounced with a gap of at least one month or one menstrual cycle.
    • Only a single revocable divorce takes place through the first pronouncement of Talaq-e-Hasan.
    • The husband and wife are supposed to live together after this pronouncement and have the option of rapprochement.
    • If the couple is not able to mend fences in the intervening period and the husband does not annul divorce through word or by establishing intimacy, the talaq stays valid.
    • At the end of this month, the husband has to pronounce divorce for the second time.
    • Likewise for the third time. After the second pronouncement too, the divorce is revocable, and the couple may resume their conjugal relationship anytime they so desire.
    • If, however, the third pronouncement is made after at least one menstrual cycle, then irrevocable divorce takes place.

    Why such hue over menstrual cycle?

    • Significantly, no divorce can be administered when the woman is undergoing her menstrual cycle.
    • Even in the case of pregnancy, no divorce takes place.
    • And if such a pronouncement is made, it remains in abeyance till the end of pregnancy.

    Are there other options of divorce apart from the Talaq-e-Hasan?

    • The third option of divorce besides Talaq-e-Hasan and the now repudiated instant triple talaq, is Talaq-e-Ahsan.
    • Under this form, a single pronouncement is made.
    • Following the pronouncement, a woman has to go through iddat or a waiting period of three months.
    • During this period the divorce can be cancelled.
    • However, failure to annul divorce during this period results in it being finalised after which a woman is independent, and free to marry another man or stay single, as she may choose.
    • Both Talaq-e-Hasan and Talaq-e-Ahsan enjoy legal validity in almost all Muslim countries.
    • Interestingly, women too have a right to end an unsuccessful marriage through Khula.

    Legal status of Khula in India

    • In April 2021, the Kerala High Court held this form of divorce valid.
    • The court overruled a 49-year-old verdict in K.C. Moyin vs Nafeesa and Others (1972) that barred Muslim women from dissolving their marriage through non-judicial modes.
    • There is some debate among religious scholars on the ways of Khula.
    • Some hold that the man’s consent is necessary in Khula while most say that he enjoys no such privilege.

     

     

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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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  • Delhi HC gives split verdict on Marital Rape

    Two judges of the Delhi High Court gave a split verdict on the question of criminalising rape within marriage, leaving the law unchanged.

    Seems like the matter will now be referred to a larger bench.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    What is the news?

    • One of the Judge struck down as unconstitutional the exception to Section 375 of the IPC, which says that sexual intercourse by a man with his wife aged 18 and above is not rape even if it is without her consent.
    • However, another Judge said that issue requires consideration of social, cultural and legal aspects.

    Outcome of the split verdict: Preserving the institution of marriage

    The Centre’s concern that criminalising marital rape may destabilise the institution of marriage is a “legitimate” one, said the HC.

    • Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
    • Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
    • Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
    • Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
    • Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
    • Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
    • Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the judge said.

    Then what is the remedy for such ‘Marital Rapes’?

    • Section 3 of the Protection of Women from Domestic Violence Act, 2005 provides a definition for domestic violence, which includes physical, sexual, verbal and emotional abuse.

    General reasons for disapproval of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as the violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Global examples

    • Marital rape immunity is known in several post-colonial common law countries.
    • Australia (1981), Canada (1983), and South Africa (1993) have enacted laws that criminalise marital rape.
    • The UK in 1991 arrived at a consensus that a rapist remains a rapist subject to the criminal law, irrespective of his relationship with his victim.
    • However, in 2003 marital rape was outlawed by legislation in the UK.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

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