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GS Paper: GS1-06.Salient features of Indian Society

 

  • Top 1% Indians’ income share is higher now than under British-rule

    Why in the news? 

    • In 2022, 22.6% of the national income went to the top 1% of Indians. Cut to 1951, their share in the income was only 11.5% and even lower in the 1980s  just before India opened-up its economy at 6%.

    Context: India’s top 1% income and wealth shares (22.6% and 40.1%) are at their highest historical levels in 2022-’23 and the country’s top 1% income share is among the very highest in the world as per World Inequality Lab.

    Key findings from the ‘Income and Wealth Inequality in India’ report by the World Inequality Lab

    • Increase in Share of Top 10%: The share of the top 10% of Indians in national income rose from 36.7% in 1951 to 57.7% in 2022.
    • Decline in Share of Bottom 50%: The bottom 50% of Indians earned only 15% of the national income in 2022, compared to 20.6% in 1951, indicating a decrease in their share.
    • Decrease in Share of Middle 40%: The middle 40% of Indians experienced a significant decline in their share of income from 42.8% to 27.3% over the period.
    • Rapid Widening of Income Gap: The gap between the rich and the poor has widened rapidly in the last two decades.
    • Historic Peak for Wealthiest 1%: In 2022, the share of national income that went to the wealthiest 1% of Indians reached a historic peak, surpassing levels observed in developed countries such as the United States and the United Kingdom.

    Income group-wise share in national income, and the adult population in each bracket as of 2022-23

    • Distribution Across Income Percentiles: Approximately one crore adults were in the top 1%, ten crore in the top 10%, 36 crore in the middle 40%, and 46 crore were in the bottom 50% of the income pyramid.
    • Concentration of Wealth at the Top: The top 0.001% of the income pyramid, comprising about 10,000 richest Indians, earned 2.1% of the national income, highlighting extreme wealth concentration.
    • High Shares of National Income: The top 0.01% and top 0.1% of income earners earned disproportionately high shares of the national income, accounting for 4.3% and 9.6%, respectively. This reflects significant income inequality, with a small segment capturing a large portion of the country’s wealth.
    The year wise share of national income for the top 10%, bottom 50% and that middle 40% of the population:

    • 1950s-60s: Negligible income gap between the top 10% and the middle 40% of earners.
    • 1980s: Bottom 50% saw a slight increase in their share of national income, contributing to narrowing the gap.
    • 1990s Onwards (Post-liberalization): The income share of the top 10% surged dramatically, while shares of the other two groups steadily declined. This trend persisted into the 2000s and early 2010s, stabilizing thereafter.
    •  In 2022:  the top 1% of earners had a higher share of national income than the richest 1% during colonial rule.
    • Income Disparities: The average annual income of the top 1% was ₹53 lakh, 23 times more than the average Indian’s income of ₹2.3 lakh in 2022-23. The average income of the bottom 50% and middle 40% stood at ₹71,000 and ₹1.65 lakh, respectively, during the same period.

    Richest 1% of Indians’ share in the national income

    • Pre-Independence (1930s): The top 1% of earners had a significant share of national income, surpassing the 20% mark.
    • Post-Independence: After independence and the merger of princely states with Independent India, the share of the top 1% steadily declined, reaching close to 6% in the 1980s.
    • Post-liberalization: Following liberalization reforms, the income share of the top 1% surged again, presently hovering around the 22.5% mark.
    • Comparison with British Rule: The current income share of the top 1% is much higher than their share under British rule, highlighting a return to historical levels of income concentration.

    The income share of India’s top 10% and top 1%, compared with select countries in 2022-23

    • India’s Income Growth: India’s income levels are not growing as rapidly as other comparable economies.
    • High Share of Top 1%: Despite slower overall income growth, the top 1% of earners in India have a disproportionately high share of national income.
    • Comparison with Advanced Countries: In 2022-23, the income shares of India’s top 1% were higher than those recorded in advanced countries like the United States, China, France, the United Kingdom, and Brazil.

    China and Vietnam’s average incomes grew at a much faster pace than India’s

    • Economic Policies: China and Vietnam implemented economic policies that focused on export-oriented growth, attracting foreign investment, and promoting industrialization. These policies contributed to rapid economic expansion and increased average incomes in both countries.
    • Liberalization and Reforms: Both China and Vietnam underwent significant economic liberalization and reforms, allowing for greater market integration, privatization of state-owned enterprises, and relaxation of trade barriers. These reforms stimulated economic growth and led to higher average incomes.
    • Investment in Infrastructure: China and Vietnam invested heavily in infrastructure development, including transportation networks, energy systems, and telecommunications. This infrastructure investment facilitated economic development and improved productivity, leading to higher average incomes

    Income inequality in India can be attributed to various factors:

    • Historical Factors: Historical disparities in wealth distribution, exacerbated by colonial rule and feudal systems, have contributed to persistent income inequality.
    • Economic Growth Patterns: India’s economic growth needs to be more inclusive, with benefits disproportionately accruing to certain segments of society, particularly urban and educated populations. This uneven growth exacerbates income inequality.
    • Structural Issues: Structural factors such as unequal access to education, healthcare, and employment opportunities perpetuate income disparities. Marginalized groups such as Dalits, Adivasis, and women often face barriers to accessing quality education and formal employment, limiting their income-earning potential.
    • Land Ownership and Agriculture: Unequal distribution of land ownership and disparities in agricultural productivity contribute to income inequality, particularly in rural areas where agriculture remains a primary source of livelihood.
    • Labor Market Dynamics: Informal employment, low wages, and lack of job security in the informal sector contribute to income inequality. Additionally, skill mismatches and technological advancements may widen the income gap by favoring skilled workers over unskilled laborers.
    • Lack of Financial Inclusion: Limited access to formal financial services and lack of asset ownership, such as land or property, among marginalized communities further perpetuate income inequality.
    • Corruption and Cronyism: Corruption, crony capitalism, and unequal access to resources and opportunities exacerbate income inequality by favoring vested interests and hindering equitable wealth distribution.

    Conclusion: India witnesses unprecedented income inequality with the top 1% accruing a higher share of national income than under British rule. Structural factors, uneven economic growth, and limited access to resources perpetuate income disparities, requiring comprehensive policy interventions for equitable growth.

    Mains PYQ

    Q. It is argued that the strategy of inclusive growth is intended to meet the objective of inclusiveness and sustainability together. Comment on this statement. ( UPSC IAS/2019)

  • No major change in employment status or wages in 10 years

    Why in the news? 

    Recently, a report by Bahutva Karnataka shows that the share of self-employed workers increased, while the share of those in formal employment remained low

    What does the Report say?

    • The stagnation in economic growth in India is evident in the share of households earning less than the proposed National Floor Level Minimum Wage (NFLMW) of ₹375 a day, with approximately 34% falling below this threshold.
      • Additionally, wage inequality has exacerbated the gap between the rich and the poor.
    • In 2022, the top 1% and 10% of the population held 22% and 57% of the national income, respectively, while the bottom 50% held a significantly lower share at 12.7%, as per data from the World Inequality Database.

    Key Highlights:

     

    The Report compares the share of Employment across various employment categories in 2011-12 and 2022-23 for men and women- 

    • Low Formal Employment: The share of formal sector employment remained below 25%. Majority of employment (above 50%) was in the self-employed category.
    • Increase in Self-Employment: Self-employment remained predominant, with over 50% of the workforce engaged in this sector. Self-employment saw a notable increase in the share of women, rising by 8% points from 56.5% in 2011-12 to 64.3% in 2022-23.
    • Rise in Women’s Self-Employment: Women constituted the highest share of self-employed individuals. The share of self-employed women saw significant growth, indicating a rising trend of women engaging in entrepreneurial activities.
    • Unpaid Labor: The report highlights an increase in the number of women engaged in unpaid labor within family businesses or farming. This rise reflects the lack of other remunerative employment opportunities and stagnant household earnings.
    • Gender Disparities Persist: Despite increased participation in self-employment, gender disparities persist, with women often engaging in unpaid labor or informal work due to limited opportunities in the formal sector.
    • Economic Stagnation Impact: economic stagnation has led to limited growth in formal sector employment, pushing more individuals, especially women, towards self-employment and unpaid labor as alternative sources of livelihood.

    The major observation in India: Many households still earn less than the NFLMW:

    • Stagnant Income Growth: There has been no significant growth in income over the past five years across different employment categories.
    • Low Earnings Below NFLMW: Many households still earn less than the proposed National Floor Level Minimum Wage (NFLMW). In 2019, an expert committee recommended the NFLMW to be at least ₹375 per day and ₹3,050 per week.
    • Regional Disparities: Analysis of 34 States and Union Territories (UTs) revealed that in about 19 of them, more than 20% of households earned less than ₹375 a day or ₹3,050 a week in 2022-23.
      • In states like Chhattisgarh and Uttar Pradesh, over 50% of households earned less than the recommended minimum wage.
    • Large Number of Low-Income Workers: The report highlights that nearly 30 crore workers earn less than the minimum wage, indicating a significant portion of the workforce struggling with low earnings.

    The year-wise wealth share of the top 10% and the bottom 50% of the population-

    • Stagnant Income Growth vs. GDP Per Capita: Despite an increase in GDP per capita over the last decade, income growth among the majority of the population has remained stagnant.
    • GDP Per Capita Increase: Over the past 10 years, GDP per capita in India has risen by 60%, indicating overall economic growth and prosperity.
    • Low Earnings Below NFLMW: Despite GDP growth, close to 35% of total households still earn less than the proposed National Floor Level Minimum Wage (NFLMW).
    • Increase in Wealth Disparity: The share of national wealth held by the wealthiest 10% of the population has increased from 63% in 2012 to 64.5% in 2022. Conversely, the share of wealth held by the poorest 50% of the population has decreased from 6.1% in 2012 to 5.6% in 2022.

    What are the measures to resolve these issues?

    • Promote Formal Employment: Encourage policies and initiatives to boost formal sector employment, providing stable income and social security benefits. Offer incentives to businesses to create more formal job opportunities.
      • Focus on promoting vocational training and entrepreneurship among women to enhance their participation in formal sectors.
    • Ensure Equal Pay and Opportunities: Enforce laws to ensure equal pay for equal work, regardless of gender. Implement policies to eliminate gender discrimination in hiring practices and promotion opportunities.
    • Improve Minimum Wage Standards: Review and revise minimum wage standards regularly to ensure they are in line with the cost of living and provide a decent standard of living.
    • Invest in Rural Development: Promote rural development initiatives to create alternative sources of livelihood and reduce dependency on agriculture, especially for women engaged in unpaid labor.
    • Address Regional Disparities: Implement targeted interventions to address rural-urban disparities in income and employment opportunities. Focus on infrastructure development, skill enhancement, and investment promotion in economically backward regions.
    • Enhance Social Safety Nets: Strengthen social safety net programs such as Universal Basic Income (UBI), healthcare, and education to provide a buffer against income volatility and support vulnerable households.

    Conclusion:

    Stagnant income growth and rising self-employment underscore economic challenges, with many households earning below the proposed minimum wage. Resolving issues requires promoting formal employment, equal pay, rural development, and progressive taxation.

    PYQ Mains-

    Q- Can the vicious cycle of gender inequality, poverty and malnutrition be broken through microfinancing of women SHGs? Explain with examples.

  • [11 March 2024] The Hindu Op-ed: France’s exceptional women, their imprint on diplomacy

    [11 March 2024] The Hindu Op-ed: France’s exceptional women, their imprint on diplomacy

    PYQ Relevance:
    Mains:
    1. Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (UPSC CSE 2021)

    2. ‘Women’s movement in India has not addressed the issues of women of lower social strata.’ Substantiate your view. (UPSC CSE 2018)nt in the formal sector of the Indian economy? Is increased informalization detrimental to the development of the country? [UPSC CSE 2016]
    From The Hindu

    Note4Students: 

    Mains: Social Issues and Justice; Women Issues;

    Prelims: Women’s rights in the Indian Constitution;

    Mentor comments: France became the first country to enshrine the freedom of women to voluntarily terminate a pregnancy in its Constitution. This decision is rooted in the groundbreaking work of French feminist icon Simone de Beauvoir, who in 1949 published “The Second Sex,” a philosophical work advocating for women’s right to choose and challenging societal norms around motherhood and abortion. Secondly, France’s commitment to women’s rights is reflected in its feminist foreign policy, advocating for gender equality globally. Through this Article, we need to study the collaboration between France and India that holds great potential to further advance women’s rights on a global scale, building on their shared commitments to gender equality and empowerment.

    Let’s learn. 

    —

    Why in the News?

    On March 4, 2024, France became the first country to enshrine the “freedom of women to voluntarily terminate a pregnancy” in its Constitution, marking a historic moment that sends a universal message of solidarity to women worldwide.

    What is the recent groundbreaking Work on Women’s Rights in France?

    Legalization of Abortion in France: The constitutional amendment aims to safeguard abortion access amidst global threats and challenges to reproductive health rights. This step is crucial for ensuring autonomy and informed decision-making regarding sexual and reproductive health care, including abortion.

    • Women’s right to choose: Simone de Beauvoir (1949), in her “The Second Sex,”(seminal work in feminist philosophy) challenged traditional views of women as solely mothers and caregivers, advocating for women’s right to choose.
    • Right to abortion: Simone de Beauvoir highlighted the need for free, safe, and legal abortion services to empower women in controlling their destinies. On this background, France recently enshrined the right to abortion in its constitution, a historic move to protect reproductive rights.

    What are the major two criticisms and challenges ahead?

    • Prevalent inequalities: Despite progress, France still faces barriers to abortion care and other women’s rights issues like violence and discrimination.
    • On setting priorities: The move has sparked debates about the government’s priorities and the actual accessibility of abortion services for all French women.
    What other rights are protected by the French constitution?
    The French Constitution protects a range of rights beyond the recent inclusion of the right to abortion.

    1. Safeguarding individual liberties: The Declaration of the Rights of Man and the Citizen, a foundational document in French constitutional history, outlines key rights and principles.
    – These include the recognition that all men are born free and equal in rights, with social distinctions based only on public utility.
    – The aim of political associations is to preserve the natural and inalienable rights of man, which encompass liberty, property, security, and resistance to oppression

    2. Promoting equality: The French Constitution emphasizes equality before the law for all citizens without distinction and guarantees fundamental freedoms such as freedom of speech, religion, and opinion.

    3. Ensuring accountability: It establishes the right to property as inviolable unless public necessity requires its deprivation with just compensation.

    Additionally, the Constitution ensures that public taxes are equally apportioned among citizens according to their means and that society has the right to hold public agents accountable for their actions.

    What is France’s Commitment on feminist foreign policy?

    • France champions a feminist foreign policy, prioritizing gender equality and women’s rights in its diplomatic efforts.
    • The country integrates gender perspectives into bilateral relations, development aid, and advocacy at international forums.
    • France’s co-chairing of the Generation Equality Forum in 2021 underscores its dedication to advancing women’s rights globally.

    Impacts of such decisions:

    • Global Impact and Scenario:
      • France’s decision sets a precedent globally, emphasizing the importance of securing reproductive rights as fundamental freedoms.
      • The amendment reflects a broader international focus on advancing women’s rights and addressing gender disparities worldwide.
    • Indian Scenario:
      • India has a history of supporting women’s rights internationally, aligning with Sustainable Development Goal 5 and participating in initiatives for Gender Equality.
      • India’s recent membership in the United Nations Commission on the Status of Women highlights its commitment to promoting gender equality on a global scale.

    Conclusion

    At a moment when women’s rights are under threat in many regions of the world, this decision also sends out a universal message of solidarity to women across the globe.

    • Learnings and Collaborative Potential:
      • There is significant potential for France and India to collaborate on advancing women’s rights worldwide through joint initiatives and partnerships.
      • By leveraging their shared values and commitments to gender equality, France and India can amplify their impact on promoting women’s empowerment and rights internationally.

    References

    https://www.thehindu.com/opinion/op-ed/frances-exceptional-women-their-imprint-on-diplomacy/article67936231.ece

    https://www.hrw.org/news/2024/03/05/france-protects-abortion-guaranteed-freedom-constitution

    https://www.nbcnews.com/news/world/france-abortion-right-constitution-international-womens-day-rcna142406

    https://www.thecollector.com/simone-de-beauvoir-and-feminism-contributions-and-controversies/

  • Examining Maintenance Rights of Divorced Muslim Women

    Introduction

    • The Supreme Court’s scrutiny of maintenance entitlements for divorced Muslim women under Section 125 of the CrPC reignites the discourse on the supremacy of secular laws versus personal laws.
    • The ongoing case underscores the need for judicial clarity in navigating the intersection of religious rights and gender equality.

    Maintenance Entitlements: Evolution  

    • Section 125 of CrPC codified to provide maintenance for destitute family members.
    • It includes divorced spouses, without religious distinction, subject to the Magistrate’s discretion.

    Exception for Muslim Women

    • Muslim Women (Protection of Rights on Divorce) Act, 1986: Introduced to address perceived conflicts with religious law post the Shah Bano case, offering maintenance during iddat and extending till remarriage.
    • Judicial Pronouncements: Varied interpretations emerged post Danial Latifi v. Union of India (2001), with courts affirming both CrPC and 1986 Act remedies for divorced Muslim women.

    Case Background

    • Dispute Synopsis: Originating from a challenge by a Muslim man against a Telangana High Court directive for interim maintenance to his divorced wife under CrPC Section 125.
    • Legal Argument: Husband contends 1986 Act supersedes CrPC provisions, citing jurisdictional overlap and prior payment during iddat, while wife asserts her right to CrPC maintenance.

    Court Proceedings and Observations

    • Interpretive Dilemma: Supreme Court underscores the non-obstante clause of the 1986 Act, preserving alternative remedies under CrPC.
    • Constitutional Imperatives: Justices emphasize constitutional guarantees of equality, rejecting the notion of legislative intent to bar Muslim women from CrPC relief.
    • Precedential Insight: Recent High Court decisions affirm divorced Muslim women’s right to CrPC maintenance, notwithstanding iddat completion or khula pronouncement.

    Judgments Referenced in the Input

    • Danial Latifi v. Union Of India (2001): Upheld the constitutional validity of the 1986 Act, extending maintenance rights to divorced Muslim women till remarriage, albeit limited to the iddat period.
    • Arshiya Rizvi v. State of U.P. and Anr (2022): Allahabad High Court reaffirmed divorced Muslim women’s entitlement to CrPC maintenance post iddat, ensuring continued financial support.
    • Razia v. State of U.P. (2022): Further reiterated by the Allahabad High Court, emphasizing the availability of CrPC remedies beyond iddat completion.
    • Shakila Khatun v. State of U.P (2023): High Court upheld divorced Muslim women’s right to seek CrPC maintenance, irrespective of religious personal laws.

    Injustice Caused to Muslim Women

    • Limited maintenance: The 1986 law offers limited maintenance only during the iddat period and extends till remarriage.
    • Burden of personal laws: Unlike divorced women from other communities who can seek maintenance under Section 125 of the CrPC without limitations, Muslim women face restrictions imposed by personal laws.
    • Financial crisis: This results in inconsistent and inadequate financial support for divorced Muslim women, undermining their economic security and perpetuating gender inequality.
    • Unequal treatment: The injustice lies in the unequal treatment of Muslim women under the law, depriving them of the same level of protection and support afforded to women from other communities in matters of divorce and maintenance.

    Implications and Future Trajectory

    • Judicial Deliberation: Pending verdict poised to shape the landscape of maintenance entitlements, balancing religious autonomy with gender justice.
    • Policy Implications: Clarification sought on legislative intent vis-à-vis CrPC and 1986 Act, crucial for uniform application and equitable access to justice.
    • Societal Impact: The outcome resonates beyond legal corridors, reflecting evolving societal norms and rights consciousness among marginalized communities.

    Way Forward

    • Dialogue and Engagement: Foster open dialogue between religious leaders, legal experts, policymakers, and the Muslim community to understand concerns and perspectives.
    • Legal Reforms: Consider amending existing laws or introducing new legislation to balance religious autonomy with gender justice, especially in provisions related to maintenance for divorced Muslim women.
    • Sensitivity Training: Provide training to legal professionals on handling cases involving Muslim women with cultural competence and understanding of Islamic law while upholding equality principles.
    • Alternative Dispute Resolution: Encourage the use of mediation and arbitration within Islamic law to resolve family disputes, including matters of maintenance, fairly and amicably.
    • Consultation and Collaboration: Include Muslim women in decision-making processes and policy formulation through consultation, ensuring their voices are heard and perspectives considered.
    • Respect for Diversity: Acknowledge diversity within the Muslim community, avoiding generalizations, and upholding principles of pluralism and tolerance in addressing women’s rights issues.

    Conclusion

    • The apex court’s forthcoming ruling holds the potential to bridge legal schisms and affirm the rights of marginalized segments, reinforcing the constitutional ethos of equality and justice for all.

    Try this Question from CS Mains:

    Q.1) Do you think marriage as a sacrament is losing its value in Modern India? (2023)

    Q.2) What are the challenges to our cultural practices in the name of secularism? (2019)

    [wpdiscuz-feedback id=”u6055x6s6z” question=”Please leave a feedback on this” opened=”1″]Post your opinions here.[/wpdiscuz-feedback]

  • Is Polygamy more prevalent among Muslims?

    Introduction

    Polygamy in India

    • In India, polygamy is allowed for Muslims under the Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board.
    • Polygamy is recognized as a religious practice within the Muslim community, and Muslims have the legal right to enter into polygamous marriages.

    Uttarakhand Law: Monogamy Extension to Muslim Community

    • Extension of Monogamy Rule: The UCC extends the rule of monogamy to the Muslim community.
    • Marriage Conditions: It mandates that neither party entering into marriage should have a living spouse at the time of marriage.
    • Alignment with Existing Laws: This aligns with the provisions of the Hindu Marriage Act of 1955, signifying a departure from previous allowances under Muslim personal law.

    polygamy

    Limitations in Data Assessment

    • Reliance on Census and NFHS: Government data primarily relies on the decadal census and the National Family Health Survey (NFHS), each with its constraints.
    • Census Inference: Census data indirectly infer polygamy from the disparity between the number of married men and women. According to the 2011 census, there are 28.65 crore married men in India, compared to 29.3 crore married women, suggesting a potential prevalence of polygamy or migration.
    • NFHS Insights: NFHS directly addresses polygamy through its survey questions but represents less than 1% of the total households in India, limiting its scope. The NFHS-5 data revealed polygamy rates highest among:
    1. Christians (2.1%)
    2. Muslims (1.9%) and
    3. Hindus (1.3%)
    • IIPS Study: According to a June 2022 study by the International Institute of Population Sciences (IIPS), polygynous marriages decreased from 1.9% in 2005-06 to 1.4% in 2019-21 among the whole population. Buddhists, who reported a 3.8% incidence of polygyny in 2005-06, saw a sharp decline to 1.3% in 2019-21.

    Insights from Census and NFHS Data

    • Census Inference: Census data indirectly infer polygamy from the disparity between the number of married men and women.
    • NFHS Insights: NFHS directly addresses polygamy through its survey questions but represents less than 1% of the total households in India, limiting its scope.

    Laws in India banning Polygamy

    • Hindu Marriage Act, 1955: This act applies to Hindus, Buddhists, Jains, and Sikhs and declares polygamous marriages as void. Section 11 of the act specifically states that a marriage is void if either party has a living spouse at the time of the marriage.
    • Special Marriage Act, 1954: This act allows individuals from different religions or those who do not wish to follow their respective religious laws to marry. Like the Hindu Marriage Act, it also prohibits polygamy under Section 4(1)(i).
    • Indian Penal Code, 1860: Sections 494 and 495 of the IPC deal with the offence of bigamy. Section 494 states that marrying again during the lifetime of one’s spouse is illegal and punishable, while Section 495 prescribes punishment for concealing a former marriage.

    Judicial Precedents against Polygamy

    • Parayankandiyal v. K. Devi & Others (1996): The Supreme Court concluded that monogamous relationships were the standard and ideology of Hindu society, which condemned polygamy. The court emphasized that polygamy was not allowed to become a part of Hindu culture due to the influence of religion.
    • State of Bombay v. Narasu Appa Mali (1951): The Bombay High Court ruled that the Bombay (Prevention of Hindu Bigamy Marriage) Act, 1946 was not discriminatory. The Supreme Court later affirmed this decision, asserting that state legislatures have the authority to enact measures for public welfare and reforms, even if they conflict with Hindu religious practices.
    • Javed & Others v. State of Haryana & Others (2003): The Supreme Court clarified that under Article 25 of the Indian Constitution, freedom of religion is subject to social harmony, dignity, and wellness. While Muslim law allows for polygamous marriages, it is not compulsory, and the court emphasized that religious practices must align with constitutional principles.

    Why it should be banned?

    • Gender Inequality: It perpetuates unequal treatment of women, often treating them as property and denying them autonomy.
    • Exploitation: Polygamous marriages can involve coercion and exploitation, especially of vulnerable individuals.
    • Financial Burden: Supporting multiple spouses and children can lead to economic instability and poverty.
    • Emotional Impact: Polygamous relationships can cause jealousy, conflict, and emotional distress among spouses and children.
    • Social Cohesion: Polygamy can disrupt social harmony, fostering competition and resentment within communities.
    • Legal Challenges: Polygamous marriages pose legal complexities related to inheritance, custody, and other matters.
    • Health Risks: There are increased risks of domestic violence, sexually transmitted infections, and inadequate healthcare in polygamous households.

    Conclusion

    • Progressive Legislative Move: Passage of the UCC Bill in Uttarakhand signifies a progressive move towards legal uniformity in personal laws.
    • Data Collection Challenges: Assessment of polygamy prevalence underscores the need for comprehensive and accurate data collection methodologies.
    • Policy Implications: Addressing these challenges will be pivotal in formulating effective policies and fostering social cohesion in civil law.

    Try this PYQ from CSP 2019:

    Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

    (a) Article 19
    (b) Article 21
    (c) Article 25
    (d) Article 29

     

    [wpdiscuz-feedback id=”3ncznt3mwb” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Delhi HC upholds Ban on Sapinda Marriages: Legal Insights

    Introduction

    • The Delhi High Court recently dismissed a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), which prohibits sapinda marriages among Hindus unless custom permits.
    • The court’s decision affirms the legal restrictions on such marriages and emphasizes the importance of regulating marital choices.

    For Aspirants with Sociology Optional, this article is of immense importance under: “Systems of Kinship- Family, household, marriage” in both Paper I and Paper II.

    Understanding Sapinda Marriages

    • Definition: Sapinda marriages involve individuals closely related within specified degrees, as per Section 3(f)(ii) of the HMA.
    • Prohibition: The HMA prohibits sapinda marriages within a certain range of lineal ascent, ensuring that marriages do not occur between individuals with a common lineal ascendant within the defined limits.

    Legal Framework

    • Void Marriages: Sapinda marriages that violate Section 5(v) and lack an established custom permitting them are declared void, meaning they are considered invalid from the outset.
    • Customary Exception: The sole exception to this prohibition arises when both parties’ customs permit sapinda marriages, as defined in Section 3(a) of the HMA.
    • Custom Criteria: To qualify as a custom, it must be continuously observed, uniform, reasonable, and not opposed to public policy, gaining legitimacy among Hindus in a particular area or community.

    Grounds for Challenging the Law

    • Constitutional Challenge: The petitioner contended that Section 5(v) violated the right to equality under Article 14 of the Constitution by requiring proof of custom for sapinda marriages.
    • Lack of Proof: The woman argued that sapinda marriages exist even without documented custom, and the consent of both families validated the marriage.

    High Court’s Decision

    • No Established Custom: The Delhi HC found no stringent proof of an established custom supporting sapinda marriages, which is crucial under the law.
    • Regulation of Marriages: The court upheld the idea that the choice of a marriage partner can be subject to regulation.
    • No Violation of Equality: The petitioner failed to provide compelling legal grounds to challenge the prohibition against sapinda marriages on grounds of violating the right to equality.

    International Perspectives

    • European Laws: In several European countries, laws related to incestuous relationships are less stringent compared to India, allowing marriages between consenting adults.
    • Examples: France, Belgium, Portugal, and Italy have different laws regarding incestuous relationships and marriages.
    • US Laws: In the United States, incestuous marriages are banned in all 50 states, but some states allow incestuous relationships between consenting adults.

    Conclusion

    • The Delhi HC decision reaffirms the legal framework regulating sapinda marriages in India and emphasizes the importance of established customs in permitting such unions.
    • It also highlights the differing legal approaches to incestuous relationships and marriages in various countries.

  • J Sai Deepak writes: How missionary work in Bharat birthed ‘caste’ and ‘Dravidian’ identity

    Missionaries and expansion of mass western education in India 1700–1813 | by Shivakumar Jolad | Education Policy — FLAME | Medium

    Central Idea:

    The article explores the historical roots of the terms “caste” and the “Dravidian” identity in India, asserting that they were products of early Christian European missionary work during the colonial period. The focus is on missionaries’ documentation of Bharat’s social organization, their motivations, methodologies, and the impact of Christian theology on shaping their perspectives.

    Key Highlights:

    • The term “caste” in the context of Indian society is a modern concept introduced during the colonial period.
    • The Portuguese official Duarte Barbosa first used the term “casta” in the sixteenth century, based on his observations in the Vijayanagara Empire.
    • The Danish Protestant Mission in Tranquebar, founded in 1706, played a crucial role in shaping early missionary strategies, including translations of the Bible and running schools.
    • Bartholomeus Ziegenbalg, a German Lutheran missionary, contributed to the creation of the Dravidian identity by distinguishing the “Tamil Religion” from the “Brahminical” religion of the North.
    • The French Catholic Missionary Abbé Jean-Antoine Dubois’ work became influential in understanding caste, and it was largely based on an earlier work by French Jesuit Missionary Gaston-Laurent Coeurdoux.
    • Dubois’ work was acknowledged by William Bentinck, the Governor of Madras, as important for government servants to understand the customs of the Hindus.

    Key Terms:

    • Caste
    • Dravidian
    • Colonialism
    • Ethnocentrism
    • Missionaries
    • Vijayanagara Empire
    • Tranquebar Mission
    • Protestant Mission
    • Tamil Religion
    • Brahminical

    Key Phrases:

    • Colonial-missionary roots
    • Ethnography of Bharat
    • Protestant missionary strategy
    • Caste distinctions among converts
    • Sanskrit and Sanatan Dharma
    • Dravidianists
    • Christian evangelical motives
    • Anthropological service
    • British colonial apparatus
    • Independence India’s brand of secularism

    Key Quotes:

    • “The use of ‘caste’ to understand Bharat’s society is a modern phenomenon attributable to the colonial period.” – Nicholas B Dirks
    • “Tamil Saivism has nothing to do with Sanatan Dharma.” – Bartholomeus Ziegenbalg
    • “Dubois performed an anthropological service to the British rulers of India…in order to convert souls.” – Nicholas Dirks

    Anecdotes:

    • Bartholomeus Ziegenbalg’s understanding of the religion in the South, considering it distinct from the Brahminical/Vedic religion of the North.
    • The toleration of caste distinctions among converts by the Danish Protestant Mission in Tranquebar.

    Key Statements:

    • “The term ‘caste’ in the context of Indian society is a modern phenomenon attributable to the colonial period.”
    • “Indology has its foundations in Christian evangelical motives, aiming to understand the social lay of the land for soul harvesting and conversion.”
    • “Despite the history, it is deemed ‘anti-secular’ to draw attention to the continuity of thought between missionaries of the past and present-day Dravidianists.”

    Key Examples and References:

    • Duarte Barbosa’s observations in the Vijayanagara Empire.
    • Bartholomeus Ziegenbalg’s works – ‘Malabarian Heathenism’ and ‘The Genealogy of Malabarian Gods.’
    • Abbé Jean-Antoine Dubois’ work – ‘Description of the Character, Manners, and Customs of the People of India.’
    • William Bentinck’s acknowledgment of the importance of Dubois’ work for understanding Hindu customs.

    Key Facts and Data:

    • The term “caste” was first used by Duarte Barbosa in the sixteenth century.
    • The Tranquebar Mission was founded in 1706 by Bartholomeus Ziegenbalg.
    • The French Jesuit Missionary Gaston-Laurent Coeurdoux’s work influenced Abbé Jean-Antoine Dubois.
    • Dubois’ work was translated from French to English and formally published in 1816.

    Critical Analysis:

    The article convincingly argues that the understanding of “caste” and the “Dravidian” identity has roots in early Christian missionary work. However, a more explicit discussion of the consequences of this influence and a deeper exploration of the role of the native population in cooperating with the colonial exercise would provide a more comprehensive analysis.

    Way Forward:

    Further exploration is needed to understand the lasting impact of missionary influence on caste and identity in India. This includes examining the socio-cultural repercussions and the contemporary relevance of these historical developments. A nuanced analysis can contribute to a more comprehensive understanding of the complexities surrounding caste and identity in Indian society.

  • This Diwali season, let’s focus on tradition, family — not smartphones

    Diwali Celebration in India 2019 - How Diwali is Celebrated in India?

    Central idea

    Diwali celebrates relationships with traditions, but modern challenges like too much focus on oneself and lack of understanding hurt connections. To improve, we need to balance our personal space, be genuine, spend quality time, and fix how we communicate. Diwali reminds us to make our relationships brighter by fixing these things.

    Key Highlights:

    • Diwali as Celebration of Relationships: Diwali is a celebration of relationships, encompassing various bonds such as family, friends, and societal connections.
    • Rituals Reflecting Values: Traditional Diwali rituals symbolize prosperity, good health, and artistic talents, emphasizing the importance of these aspects in our lives.
    • Relationship Cultivation Discourse: The academic discourse on relationship cultivation has primarily been within corporate contexts, like public relations and industrial relations.

    Challenges:

    • Individualism vs. Collective Spirit: The modern emphasis on personal space and individual choice sometimes overlooks the importance of the collective spirit, leading to potential fragmentation of relationships and societies.
    • Understanding Relationship Prerequisites: A lack of understanding about the key elements essential for strong relationships, such as mutual needs and genuine intentions.
    • Time Investment: In the era of the “attention economy,” there’s a growing trend of seeking maximum returns with minimal time investment, impacting the depth and quality of relationships.
    • Communication Challenges: Poor language skills, influenced by smartphone habits, contribute to challenges in dialogues and conversations. The rise of “phubbing” (snubbing in favor of phones) can negatively impact relationships.

    Analysis:

    • Impact of Individualism: Extreme individualist thinking can contribute to the breakdown of collective values, leading to the fragmentation of families and societies.
    • Relationship Sustainability: Genuine intentions and mutual needs are identified as foundational elements for sustainable relationships.
    • Time as a Critical Investment: Adequate investment of time, especially quality time, is crucial for the evolution and maintenance of relationships.

    Key Data:

    • 2017 Study on Phubbing: Meredith E David and James Roberts conducted a study indicating that phubbing can lead to a decline in crucial adult relationships, particularly with life partners.

    Key Terms for mains value addition:

    • Phubbing: The practice of snubbing others in favor of mobile phones, identified as a detrimental factor in relationships.

    Way Forward:

    • Balancing Individualism and Collectivism: Finding a balance between personal space and the collective spirit to strengthen relationships.
    • Promoting Genuine Intentions: Emphasizing the importance of authentic emotions and intentions in building and sustaining relationships.
    • Conscious Time Investment: Encouraging stakeholders to invest adequate and quality time in various relationships, acknowledging its importance in relationship dynamics.
    • Addressing Communication Challenges: Recognizing the impact of smartphones on interpersonal communication and striving for more authentic and meaningful conversations.

  • How big is the Gender Gap in earnings?

    gender gap

    Central Idea

    • The Periodic Labour Force Surveys (PLFS) have diligently monitored the gender earnings gap in India from April-June 2019 to 2023.
    • This latest iteration places a vital spotlight on weekly hours worked, unveiling that the inequity in total earnings may not fully encapsulate the true narrative.

    Examining the Gender Earnings Disparities

    • Claudia Goldin’s Pioneering Work: Building upon Nobel laureate Claudia Goldin’s research, India’s gender disparities in employment and wages come into focus.
    • Earnings Converted to Weekly Figures: Earnings for various worker categories are transformed into weekly earnings.
    • Ratio of Weekly Earnings: Table 1 displays the ratio of weekly earnings between men and women at the national level, encompassing rural and urban sectors. A figure above 1 denotes men earning more than women.
    • Persistent Gender Gap: Men out-earn women across all forms of work, with the self-employed experiencing the most significant gender gap in 2023, where men earned 2.8 times more than women. In contrast, male regular wage workers earned 24% more, and male casual workers earned 48% more than their female counterparts. The gender earnings gap remains a persistent challenge.
    • Changing Trends: Notably, the gender gap has increased for self-employed workers but decreased for regular wage workers, dropping to 24% in 2023 from 34% in 2019.

    Analyzing Average Weekly Work Hours

    • Incomplete Picture: Disparities in earnings per unit of work are not entirely elucidated by the earnings gap alone. Women consistently work fewer hours than men across all forms of employment, as depicted in Table 2.
    • Largest Gap for the Self-Employed: In 2023, men in self-employment worked 50% more hours than women, while the gap was the smallest for regular wage workers (19%).
    • Rising Gender Gap in Hours Worked: The gender gap in hours worked has expanded, particularly for self-employed women, indicating an increase in part-time employment among them. Simultaneously, male self-employed workers continue full-time work.

    Diving Deeper into Hourly Earnings Gap

    • Hourly Earnings Analysis: Calculations of hourly earnings for each worker category reveal the ratio between men and women’s hourly earnings, as presented in Table 3.
    • Significant Reduction in Regular Wage Workers’ Gap: In 2023, men in regular wage employment earned 24% more than women over the week but worked 19% longer hours. The hourly earnings gap narrows to approximately 4%, down from 11% in 2019.
    • Hourly Earnings Parity in Regular Wage Work: On average, women in regular employment earn less per week but nearly match men when hourly earnings are considered. However, these averages mask nuanced disparities across occupations and industries.
    • Higher Inequality in Other Employment Types: Inequality in hourly earnings is more pronounced in other work categories, albeit lower than when assessing total earnings. In 2023, male casual workers earned 23% more per hour than women, a reduction from 33% in 2019. Conversely, the self-employed category witnessed an increase in the hourly earnings gap from 84% in 2019 to 87% in 2023.

    Factors Influencing Work Hours

    • Beyond Pure Choice: Lower hourly earnings inequality for regular wage workers doesn’t imply women opt for shorter work hours by choice.
    • Societal barriers: Barriers, such as societal expectations that women manage domestic and childcare duties, may limit their employment options.

    Conclusion

    • Addressing both remuneration disparities and disparities in total work hours is crucial.
    • Policymakers should target the removal of barriers that curtail women’s working hours.
    • This involves workplace interventions like mandating childcare facilities and extended maternity leaves and broader societal transformations that challenge traditional gender norms and share childcare and domestic responsibilities more equitably.

  • The Court’s ‘no fundamental right to marry’ is wrong

    fundamental right to marry

    What’s the news?

    The Supreme Court of India’s line, with respect to same sex persons, that there is no fundamental right to marry, is incorrect.

    Central idea

    The Supreme Court’s decision in Supriyo Chakraborty judgement is unfair as it denies same-sex couples the right to marry. This reinforces discrimination and stigma against LGBTQI communities. It’s crucial to correct this for equal rights.

    Debate and controversy on Same-sex marriage

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Same-sex marriage in India

    • Same-sex marriage is currently not legally recognized in India.
    • Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
    • However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.

    Key Challenges and Legal Maze

    • Background and Section 377: The legal journey began with the Delhi High Court’s 2009 decision in Naz Foundation, striking down Section 377 of the Indian Penal Code. However, the Supreme Court’s 2013 ruling in Suresh Kumar Koushal reinstated the criminalization of non-heterosexual relationships, only to be overturned in 2018 with Navtej Singh Johar.
    • Stigmatization and Societal Perception: The LGBTQI communities faced severe challenges, including blackmail, torture, and violence, under the oppressive Section 377. The societal perception that a relationship less than marriage lacks legitimacy fueled strong demands for the right to marry.
    • Global Legal Shifts: The Supreme Court’s reluctance to consider foreign jurisprudence contrasts with global trends. Many countries, including the United States, have evolved their legal frameworks by drawing on international experiences and human rights principles to recognize same-sex marriage.

     

    Government Schemes and Initiatives

    • NALSA and Transgender Rights: The NALSA judgment recognized the right of individuals to identify their gender, paving the way for the Transgender Persons (Protection of Rights) Act. While this Act addresses gender identity, the recent judgment on same-sex marriage presents a contradiction in the application of rights.
    • International Commitments: India’s commitment to the Universal Declaration of Human Rights (UDHR) has been vital in shaping legislation. However, the recent verdict seemingly ignores India’s pledge to accord with international human rights standards.
    Highly important points for critical analysis in mains and essay

     

    ·         Pioneering Activism: The fight against Section 377 and for LGBTQI rights in India has a long history. The Lawyers Collective, led by activists like Anand Grover, initiated legal challenges against Section 377 as early as 2001, setting the stage for future legal battles.

     

    ·         Unique Transgender Recognition: While the recent judgment denies same-sex marriage, it recognizes the legality of marriages involving transgender individuals. This reveals an interesting legal nuance, emphasizing the evolving understanding of gender identity in Indian law.

     

    ·         Symbolism of Marriage: The demand for the right to marry goes beyond legal recognition. It symbolizes the quest for social acceptance, legitimacy, and equal standing in society. The denial of this right perpetuates stigmatization and reinforces societal prejudices.

     

    ·         Resilience of LGBTQI Community: Despite setbacks, the LGBTQI community has demonstrated remarkable resilience. The progression from challenging Section 377 to advocating for the right to marry showcases the community’s determination to overcome legal barriers and societal biases.

     

     

     

    Way Forward

    • Correcting the Legal Framework: There is an urgent need to revisit the foundational decision that there is no fundamental right to marry in India. Aligning the legal framework with the principles of equality and non-discrimination is paramount.
    • Incorporating International Jurisprudence: While the Court has rejected the use of foreign jurisprudence, there is a compelling case to reconsider this stance. Introducing global perspectives, such as the doctrine of intimate association, can enhance inclusivity and align Indian legal principles with evolving global standards.
    • Empowering LGBTQI Communities: Beyond legalities, empowering LGBTQI communities involves addressing societal perceptions. Recognition of same-sex marriage is crucial not only for legal rights but also for dismantling stigmas and prejudices.

    Conclusion

    The LGBTQI community’s call for equality in marriage is not just a legal battle but a societal transformation. A correction of the recent judgment is a step towards ensuring that no citizen is deemed “not fit for marriage” based on their sexual orientation.

    The journey involves falls and rises. Learning from past victories, the LGBTQI community must persist in the fight for equal rights, ensuring that the wrongs are corrected, and the path to equality is firmly established.