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

 

  • 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.

  • CJI lists measures against LGBTQI Discrimination

    Central Idea

    • In a significant ruling, CJI D Y Chandrachud made a series of directions to address discrimination against the LGBTQ+ community and underscored the need for legislative action to recognize same-sex marriages.
    • This decision reflects a pivotal moment in India’s LGBTQ+ rights movement, emphasizing the intersection of legal and societal norms.

    Preventing LGBTQI Discrimination: Key Directions by CJI

    • Creation of Safe Houses: The ruling called for the establishment of “Garima Grehs” or safe houses in all districts to provide shelter to LGBTQ+ individuals facing violence or discrimination. These safe houses aim to offer refuge and support to those in need.
    • Anti-Discrimination Measures: The Centre, States, and Union Territories were urged to ensure that LGBTQ+ community members are not subjected to discrimination based on gender identity or sexual orientation. This includes equal access to goods and services available to the public.
    • Public Awareness: The ruling emphasized the need to sensitize the public about queer identity, affirming that it is natural and not a mental disorder. It encourages educational efforts to promote understanding and acceptance.
    • Hotline Numbers: The authorities were directed to establish hotline numbers that LGBTQ+ individuals can contact when facing harassment or violence. This initiative aims to provide immediate assistance and support.
    • End of Harmful “Treatments”: The ruling called for an immediate cessation of any “treatments” offered by doctors or others that attempt to change gender identity or sexual orientation. It prioritizes the well-being and autonomy of LGBTQ+ individuals.
    • Protection from Family Pressure: Police were advised not to force LGBTQ+ persons to return to their natal families if they choose not to do so. Furthermore, the ruling emphasized the importance of verifying the claims of LGBTQ+ individuals when they file complaints against their families, ensuring their freedom is not curtailed.
    • Fair Preliminary Investigation: Before registering an FIR against a queer couple or one of the parties involved, a preliminary investigation should be conducted. This step ensures that the complaint discloses a cognizable offence, preventing unnecessary legal action against LGBTQ+ individuals.

    Historical Context

    • The ruling underscored that India has a rich history of LGBTQ+ lives, encompassing various identities and communities.
    • It emphasized that queerness is not limited to urban settings or privileged classes but exists across different regions, castes, and economic backgrounds.

    Future Steps

    • The ruling has set a precedent for addressing discrimination and ensuring the protection of LGBTQ+ rights.
    • Justice S K Kaul expressed the need for a comprehensive anti-discrimination law prohibiting discrimination based on sexual orientation.
    • State governments have also been prompted to create guidelines and committees to address LGBTQ+ issues, demonstrating the broader impact of this ruling beyond the courtroom.

    Conclusion

    • The Supreme Court’s ruling on LGBTQ+ rights signifies a significant milestone in the ongoing struggle for equal rights and acceptance.
    • While legislative recognition of same-sex marriages remains pending, the directions provided by the CJI emphasize the importance of dismantling discriminatory practices and promoting inclusivity in Indian society.
    • The ruling paves the way for a more equitable future for LGBTQ+ individuals in the country.

  • Tribes in news: Hakki- Pikki

    hikki

    Central idea: Thirty-one tribals belonging to the ‘Hakki-Pikki’ community from Karnataka are stranded in Sudan due to violent clashes between a paramilitary force and the country’s armed forces.

    Who are the Hakki-Pikkis?

    Description
    Origin Migrated from northern India to Karnataka.
    Traditional Occupation Traditionally known for bird hunting, which was later outlawed.
    Language Indo-Aryan language called ‘Vaagri’ and use Kannada for daily business.
    Location Predominantly found in Shivamogga, Davanagere, and Mysuru districts of Karnataka
    Lineage A matriarchal community, where women have an important role in decision-making.
    Traditional  Knowledge Known for selling indigenous medicines developed based on their knowledge of plants and herbs.

    Language and UNESCO Listing

    • ‘Vaagri’ has been listed as one of the endangered languages by UNESCO.
    • This indicates that the language is at risk of becoming extinct in the future, highlighting the importance of preserving and promoting it.

  • A milestone in Hindu marriage reform in India

    What’s the news?

    • In recent years, the Supreme Court has had to remind the Madras High Court of the validity of self-respect marriages, emphasizing the enduring legacy of the Self-Respect Movement in the fight for social justice and self-respect.

    Central idea

    • The recent controversy surrounding the validity of self-respect marriages, also known as Suyamariyathai thirumanam, in Tamil Nadu is a poignant reminder of the enduring battle for recognition and acceptance that these unions have faced. Despite being legalized in 1967 self-respect marriages continue to be a subject of contention.

    What is a self-respect marriage?

    • A self-respect marriage, also known as Suyamariyathai thirumanam, is a type of marriage ceremony and union that originated within the Dravidian self-respect movement in the Indian state of Tamil Nadu.
    • These marriages are characterized by their departure from traditional Hindu marriage rituals and customs. Instead, self-respect marriages are based on principles of social equality, individual freedom, and non-religious ideals.

    What is the self-respect movement?

    • The Self-Respect Movement is a socio-political and cultural movement that originated in the Indian state of Tamil Nadu during the early 20th century.
    • It was primarily championed by leaders and thinkers associated with the Dravidian ideology, which aimed to promote the rights and interests of the Dravidian people of South India and challenge perceived inequalities and injustices in society.
    • The movement had a significant influence on the politics and social fabric of Tamil Nadu and played a role in shaping the state’s identity.

    The Self-Respect Movement’s Struggle

    • Challenging Caste-Based Discrimination: The Self-Respect Movement fiercely opposed the deeply entrenched caste-based discrimination prevalent in Tamil Nadu. It sought to dismantle the oppressive caste system and challenge the privileges enjoyed by Brahmins in society.
    • Advocating for Social Equality: Central to the movement’s ethos was the promotion of social equality. It encouraged rationalism and atheism as alternatives to religious dogma and superstition, advocating for a scientific worldview.
    • Empowerment of Women: The Self-Respect Movement was at the forefront of advocating for women’s rights. It fought for women’s education, equality, and autonomy within both families and society at large.
    • Promotion of Tamil Language and Culture: The movement emphasized the importance of preserving and promoting the Tamil language and culture. It resisted the imposition of Sanskrit and Brahminical traditions that threatened Tamil identity and heritage.
    • Formation of Political Parties: The Self-Respect Movement eventually translated its socio-cultural goals into political action. This led to the formation of influential political parties like the Dravida Munnetra Kazhagam (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK) that championed the cause of social justice and self-respect.

    Legal battles for recognition

    • Early Lack of Recognition: In the early stages of the movement, self-respect marriages lacked legal recognition. They were not supported by existing laws, which favored traditional Hindu marriages.
    • Advocacy during the Hindu Code Bill: Leaders and activists of the Self-Respect Movement actively participated in the Hindu Code Bill drafting process in 1944. They submitted memorandums and evidence to advocate for comprehensive changes to Hindu law, particularly focusing on women’s legal rights and recognition of non-religious marriages.
    • Limited Recognition in the 1955 Act: Despite the movement’s efforts, the Hindu Marriage Act of 1955 provided only limited recognition to select reformed marriages. It did not acknowledge self-respect marriages, emphasizing traditional Hindu rites and ceremonies.
    • Proposals for Separate Legislation: The movement proposed the Hindu Non-Conformist Marriage Registration Bill, 1954. However, it was abandoned in favor of the Special Marriage Act, 1954, which did not adequately address property rights within civil marriages.
    • Struggles in the Legislative Process: Efforts to pass legislation recognizing self-respect marriages faced opposition, particularly from Congress legislators. The ‘Madras Suyamariyathai Marriage Validation Bill’ introduced in 1959 aimed to legalize self-respect marriages but was defeated.

    The 1967 Amendment

    • Introduction of Section 7 A: Section 7 A was introduced in the Hindu Marriage (Tamil Nadu Amendment) Act 1967. This provision was pivotal as it provided legal recognition and legitimacy to non-ritual Hindu marriages.
    • Validation of Non-Ritual Hindu Marriages: The amendment validated and legalized non-ritual Hindu marriages, including self-respect marriages, under Hindu law. This marked a significant departure from the previous lack of recognition.
    • Challenging Brahminic Interpretations: Beyond recognition, the 1967 Amendment challenged Brahminic interpretations of Hindu marriage practices that had marginalized and discredited self-respect marriages and those who chose them.
    • Impact on Legal Status: With the enactment of this amendment, self-respect marriages gained legal standing and legitimacy under Hindu law in Tamil Nadu. This recognition was crucial to protecting the rights of individuals who had entered into such marriages.

    Contemporary Challenges

    • Resistance from Government Bodies: Government bodies, such as the Union Ministry for Social Justice and Empowerment, have at times resisted recognizing the Section 7 Act, leading to disputes and challenges.
    • Judicial Misinterpretations: The judiciary has occasionally misinterpreted or questioned the validity of self-respect marriages, contributing to legal challenges and uncertainty.
    • Recent Supreme Court Reminders: The Supreme Court has had to remind the Madras High Court of the validity of self-respect marriages in recent years, indicating ongoing legal battles.
    • Cumulative Legal Reforms: The cumulative effect of legal reforms in Tamil Nadu has had a far-reaching impact on gender rights within marriages, challenging traditional norms and ideals.

    Conclusion

    • The ongoing struggle for recognition of self-respect marriages in Tamil Nadu highlights the resilience of the Dravidian self-respect movement and its commitment to challenging traditional norms. The Madras High Court’s progressive stance on gender rights within marriage underscores the need for continued advocacy and awareness to protect the rights of individuals who choose self-respect marriages.

  • How fraternity in India is different from the idea enshrined in the Constitution

    What’s the news?

    • In his thought-provoking book Political Fraternity: Democracy Beyond Freedom and Democracy, philosopher Angel Puyol emphasizes the significance of fraternity in the realm of politics.

    Central idea

    • Despite its historical roots dating back to Plato and its coexistence with liberty and equality in liberal political philosophy, fraternity often remains a neglected concept. However, India’s struggle for independence and the subsequent establishment of constitutional democracy underscored the importance of fraternity in a society marked by hierarchical social inequalities.

    Origins of the Concept

    • Ancient Greece:
    • Plato: The concept of fraternity can be traced back to ancient Greece. In Plato’s Lysis, the philosopher introduces the term philia (love) in the context of a strong desire to pursue wisdom. It is suggested that love and friendship among individuals became more meaningful when they shared knowledge. This emphasis on the act of sharing provides an early glimpse into the discourse of fraternity in ancient Greece.
    • Aristotle: The emergence of the polis in Aristotle’s philosophy is noted, where the polis (city-state) was seen as the logical location for individuals who were primarily political beings. Within the polis, justice and friendship among citizens became enduring features, laying the foundation for the idea of political fraternity.
    • Medieval Christian Society: During the Middle Ages, the article suggests that fraternity found fertile ground within the context of Christian society in Europe. Fraternal bonds often developed within religious institutions and orders, reflecting the communal and moral values of the time.
    • The French Revolution:
    • The concept of fraternity found its entry into politics with the French Revolution of 1789.
    • It was during this revolutionary period that the triptych of liberté, égalité, and fraternité (liberty, equality, and fraternity) became a foundational slogan.
    • Fraternity took on a revolutionary dimension, emphasizing the solidarity of citizens in their pursuit of common goals.

    How is fraternity in India different from the idea enshrined in the Constitution?

    • Caste-Based Divisions: The Constitution envisions fraternity as a means to bridge social divides and create unity among India’s diverse population. However, the deeply rooted caste system in India continues to influence social interactions, politics, and access to opportunities, making it challenging to achieve a fraternity that transcends these divisions.
    • Community vs. Individual: The Indian Constitution prioritizes individual rights and liberties, which can sometimes conflict with the communitarian approach underlying fraternity.
    • Social Inequalities: The constitutional concept of fraternity presupposes social and economic equality among citizens. However, India continues to grapple with significant economic disparities and enduring discrimination based on caste, gender, and other factors, hindering the development of genuine fraternity.
    • Communal Tensions: Religious and communal tensions in India have, at times, hindered the pursuit of fraternity. The constitutional vision of fraternity should extend across religious and communal boundaries to foster inclusivity. However, divisive politics occasionally exploits religious differences, undermining the spirit of fraternity.

    The limits of fraternity in India

    • Caste-Based Divisions: The deeply ingrained caste system in India continues to influence social interactions and opportunities, posing a significant challenge to achieving fraternity that transcends these divisions.
    • Shared History and Ideological Differences: In India, historical and ideological differences rooted in social inequalities can hinder the development of fraternity. Ideological motivations can also hamper political fraternity between individuals, particularly when rooted in social inequalities among different communities.
    • Secular Conception of Fraternity: Given the communal nature of India’s traditional civic life and the predominance of communal ties, the article suggests that a secular conception of fraternity is necessary. To overcome the challenges posed by ideological and communal differences, fraternity in India needs to be rooted in politics, where caste privileges can be challenged.
    • Affirmative Actions and Equality: The introduction of affirmative action, including the reservation system, aimed to address inequality and promote fraternity. However, these policies have sometimes resulted in fraternity primarily within specific caste communities rather than fostering unity across caste lines.
    • Religious and Communal Tensions: Religious and communal tensions have, at times, overshadowed the pursuit of fraternity in India. Fraternity should ideally extend across religious and communal boundaries, but divisive politics can exploit religious differences and hinder the spirit of fraternity.

    The role of equality as a prerequisite

    • Both Dr. B.R. Ambedkar and philosopher John Rawls stressed the importance of equality as a prerequisite for fraternity.
    • While affirmative actions, such as the reservation system, were introduced to address historical inequalities, they have often resulted in fraternity primarily within specific caste or community groups rather than fostering unity across these boundaries.

    Conclusion

    • In India, the coexistence of caste and political fraternity is a challenging endeavor due to the country’s unique social landscape. Achieving political fraternity that transcends caste boundaries requires addressing these complex issues. The future of Indian politics will determine whether fraternity or caste prevails, and this choice will shape the country’s destiny.