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

 

  • Same-sex marriage: Petitions For Legal Recognition

    same-sex

    Central idea

    • Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench. The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.

    What is mean by 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.

    Government’s argument

    • In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
    • It claimed that recognising same-sex marriages could cause havoc in the system of personal laws.
    • As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.

    What petitioners are claiming?

    1. Same-sex marriage as a matter of rights
    • Any social policy is liable to judicial interference if rights are violated.
    • The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
    • The Constitution prohibits the state from discriminating on the basis of sex.
    • Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry to heterosexual couples and not to homosexual couples clearly discriminates on the basis of their sexual orientation.
    1. Same-sex marriage is a matter of privacy
    • Right to privacy: Supreme Court recognised this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
    • What court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
    • State currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
    • The Special Marriage Act: The Special Marriage Act is a secular law which works alongside religious personal laws. Same-sex marriages can be recognised under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnised under it. Any two persons can include two persons of the same sex.

    Special Marriage Act

    • The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
    • It was enacted in 1954 and came into effect from 1955.
    • The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals.
    • The act also provides for divorce on certain grounds and maintenance to the spouse and children.

    Consider the situation in the United States

    • In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
    • Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.

    Conclusion

    • The debate on legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views. However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights. Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.

    Mains Question

    Q. What do you understand by same-sex marriage? Describe same sex marriage situation in India by highlighting both the arguments.

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  • Same-Sex Marriages can rock societal values: Centre

    marriage

    Central idea: The Centre in the Supreme Court expressed its disagreement towards same-sex marriage, citing traditional beliefs and values.

    Here are the main points of the affidavit:

    • Heterosexual marriage has been the norm throughout history and is “foundational to both the existence and continuance of the state.”
    • Marriage in India is regarded as a “holy union,” a “sacrament,” and a “sanskar,” and is dependent on customs, rituals, practices, cultural ethos, and societal values.
    • Any “deviation” from the “statutorily, religiously and socially” accepted norm in “human relationship” can only happen through the legislature and not the Supreme Court.

    Basis of Centre’s opposition

    • The 2018 Navtej Singh Johar judgment decriminalised homosexuality, but it did not mention/legitimise same-sex marriage.
    • Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
    • Registration of same-sex marriage would result in a violation of existing personal as well as codified law provisions.
    • There is a “compelling interest” for the society and the state to limit recognition to heterosexual marriages only.

    Reasons behind centre’s opposition

    • Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
    • Definition of spouse: In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.
    • Against cultural norms:  The social order in our Country is religion based which views procreation as an obligation for the execution of various religious ceremonies.
    • Property and other civil rights: Property rights post marriage is a much-contested issues in India. Same sex marriage will not create any immunity for the law but increase complex interpretations.

    Issues with such marriages

    The issue of homosexual conduct to this fore in recent legal and political debate for main reasons, which are as follows:

    • Morality: This has brought with it a change in social attitudes, so that the stigma attached to homosexuality has to a greater extent disappeared.
    • Rising activism: Campaigns for lesbian and gay rights taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality.
    • Religious sanctions: Same sex acts are punishable by death in Arab countries. No religion openly embraces same sex marriage. More or less, they are considered un-natural everywhere.
    • Social stigma:  Apart from the harsh legal scenario, homosexuals face social stigma as well. Same sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.
    • Patriarchy: It must not be forgotten that the Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way.
    • Burden of collectivity: Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.

    Arguments in favor

    • Pursuit of happiness: Homosexuality is not an offence, it is just a way of pursuit of happiness, a way to achieve sexual happiness or desire.
    • Right to privacy: The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual.
    • Arbitrariness: Infringement of, the right to equal protection before law requires the determination of whether there is a rational and objective basis to the classification introduced.
    • Issues with definition: Section-377 assumes that natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of non-procreative sexual act as unnatural.
    • Discrimination: Section-377 discriminates on the basis of sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex.
    • Human rights: The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights.
    • Many countries recognizing: According to global think tank Council of Foreign Relations, same sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.

    Way forward

    • Dissociating from religion: Such marriages are forbidden in almost every religion. Hence no single religion should be considered a hindrance in creating a legal sanction.
    • Doing away with discrimination: The same-sex community needs an anti-discrimination law that empowers them to build productive lives and relationships irrespective of gender identity.
    • Letting the society evolve: The society has to imbibe the doctrine of progressive realization of rights and it cannot be forcibly convinced by law.
    • Creating awareness: Certainly this is not an overnight phenomenon. We are society where practice of Sati and Nikah halala was considered a religious order.

     

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  • Can’t legislate on Women’s Marriage Age: Supreme Court

    marriage

    The Supreme Court has rejected a petition seeking a uniform minimum age of marriage for men and women stating that the matter is within the domain of the legislature and not the judiciary.

    Central idea: The minimum age of marriage, especially for women, has been a contentious issue.  It was evolved in the face of much resistance from religious and social conservatives.

    What laws govern marriage age in India?

    Following laws prescribe/mention 18 and 21 years as the minimum age of consent for marriage for women and men respectively:

    1. Special Marriage Act, 1954: It allows people from two different faith/religious backgrounds to come together in the bond of marriage
    2. Sarda Act, 1978: Named after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man, respectively.
    3. Prohibition of Child Marriage Act, 2006: It provides that the minimum age of marriage is 21 years in case of males, and 18 years in case of females.

    Evolution of the idea: Age of Consent

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from leaders including Lokmanya Tilak, who saw the British intervention as an attack to create rift within family intuitions in the name of equal rights.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Central idea: Attainment of Majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    How this confers ‘Unequal Treatment’?

    • Articles 14 and 21 of the Constitution guarantee the right to equality and the right to live with dignity.
    • They are clearly violated by having different legal age for men and women to marry, argue activists.

    Supreme Court rulings supportive to this

    • NALSA vs. Union of India, 2014: The Supreme Court while recognizing transgenders as the third gender said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws.”
    • Joseph Shine v Union of India, 2019: The Court decriminalized adultery and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity.”

    Contention over different legal standards

    • No rationale behind: There is no reasoning in the law for having different legal standards of age for men and women to marry.
    • More of religious decree: The laws are a codification of custom and religious practices.
    • Stereotype for male dominance: The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Promotes premature marriage of girl child: Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men and therefore, can be allowed to marry sooner.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Other factors: Early marriage age has latent outcomes such as early dropouts from school, deprivation from higher education etc.

    Why is the law being relooked at?

    • Prevalence of child marriage: Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • Bring gender-neutrality: From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.

    Policy measures in this regard: Jaya Jaitly Committee

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anaemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move to raise the legal ages

    • Promote illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

    Way forward

    • Enacting Legislation: Establishing a Uniform Minimum Age of Marriage for Both Men and Women
    • Effective Implementation and Enforcement: Preventing Child Marriages and Gender-Based Discrimination
    • Addressing Root Causes: Improving Access to Education and Healthcare, Promoting Women’s Participation, and Reducing Gender-Based Violence and Discrimination
    • Coordinated Multi-Sectoral Approach: Involving the Government, Civil Society and religious scholars.

     

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  • What is Special Marriage Act, 1954?

    marriage

    Central idea: An actress recently held her interfaith-marriage under the Special Marriage Act, 1954.

    What is the Special Marriage Act?

    • The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
    • It governs a civil marriage where the state sanctions the marriage rather than the religion.
    • The minimum age to get married under the SMA is 21 years for males and 18 years for females.

    Why was it enacted?

    Ans. Interfaith/ Inter-caste Marriages

    • Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are codified.
    • These laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
    • However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

    Why is it ‘Special’?

    • Detachment from the family: Once married as per the secular law, under Section 19 of the Act, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to affect their severance from the family.
    • Losing inherited property: This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

    Who can get married under the Special Marriage Act?

    • The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
    • Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.
    • In 1952, when the Bill was proposed, the requirement of monogamy was considered radical.
    • Section 4 of the SMA requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”.

    What is the procedure for a civil marriage?

    • As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
    • Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
    • Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.

    Furore over such marriages

    Ans. Religious conversion has emerged as the practical way to cohabit as a couple, in a country where neither the inter-faith, inter-caste nor the live-in couples can earn societal approval.

    • As per some Personal laws, in order to get married conversion of religion to get equalized is the only way.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.
    • Interfaith marriages these days are believed to be a forced conversion of the women spouses.
    • Fundamentalists’ claims that men of a particular religion are trained on the intricacies of religious doctrine to allure other religion women for marriage in an attempt to finish off her religion.

     

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  • Supreme Court to hear petitions for Criminalization of Marital Rape

    marital rape

    The Supreme Court is set to begin hearing a series of petitions seeking to criminalize marital rape from March 14.

    What is Marital Rape?

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

    Status in India

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Reasons for disapproval of this concept

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

    Why it must be a crime?

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

    Violation of fundamental rights

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

    Problems in prosecuting marital rape

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

    Present regulations in India

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

    However, marital rape is still not a criminal offense in this case and is only a misdemeanor.

    Arguments against criminalization

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

    Way forward

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

     

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  • States can enact laws on Uniform Civil Code (UCC): Union Law Minister

    States are empowered to enact personal laws that decide issues such as succession, marriage and divorce, in their endeavor to secure a uniform civil code (UCC), Law Minister informed the Rajya Sabha.

    What did Law Minister say?

    • Personal laws such as intestacy and succession; wills; joint family and partition; marriage and divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution.
    • Hence, the States are also empowered to legislate upon them.
    • And many states are announcing the implementation of UCC in the election manifestos.

    What is a Uniform Civil Code (UCC)?

    • A UCC is one that would provide for one personal civil law for the entire country.
    • This would be applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

    Basis for UCC

    • Article 44, one of the Directive Principles of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
    • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

    UCC vs. Right to Freedom of Religion

    1. Article 25 lays down an individual’s fundamental right to religion
    2. Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
    3. Article 29 defines the right to conserve distinctive culture

    Reasonable restrictions on the Freedom of Religion

    • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
    • In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
    • By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.

    Enacting and Enforcing UCC

    • Fundamental rights are enforceable in a court of law.
    • While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
    • Article 43 mentions “state shall endeavour by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
    • All this implies that the duty of the state is greater in other directive principles than in Article 44.

    What are more important — fundamental rights or directive principles?

    • There is no doubt that fundamental rights are more important.
    • The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
    • To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
    • Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.

    What about Personal Laws?

    • Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
    • If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
    • “Personal Laws” are mentioned in the Concurrent List.

    Various customary laws

    • All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
    • Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
    • Even on registration of marriage among Muslims, laws differ from place to place.
    • In the Northeast, there are more than 200 tribes with their own varied customary laws.
    • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
    • Even reformed Hindu law, in spite of codification, protects customary practices.

     Why need UCC?

    • UCC would provide equal status to all citizens
    • It would promote gender parity in Indian society.
    • UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
    • Its implementation would thus support the national integration.

    Hurdles to UCC implementation

    • There are practical difficulties due to religious and cultural diversity in India.
    • The UCC is often perceived by the minorities as an encroachment of religious freedom.
    • It is often regarded as interference of the state in personal matters of the minorities.
    • Experts often argue that the time is not ripe for Indian society to embrace such UCC.

    These questions need to be addressed which are being completely ignored in the present din around UCC.

    1. Firstly, how can uniformity in personal laws are brought without disturbing the distinct essence of each and every component of the society.
    2. Secondly, what makes us believe that practices of one community are backward and unjust?
    3. Thirdly, has other uniformities been able to eradicate inequalities which diminish the status of our society as a whole?

    Way forward

    • It should be the duty of the religious intelligentia to educate the community about its rights and obligations based on modern liberal interpretations.
    • A good environment for the UCC must be prepared by the government by explaining the contents and significance of Article 44 taking all into confidence.
    • Social reforms are not overnight but gradual phenomenon. They are often vulnerable to media evils such as fake news and disinformation.
    • Social harmony and cultural fabric of our nation must be the priority.

     

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  • On reservations for disempowered Dalit Christians and Muslims, a question of government’s intent

    dalitContext

    • Union government intends to appoint a national commission to study the status of Dalits (ex “untouchable” castes) belonging to the Muslim and Christian communities. Aim of study to check the socio-economic condition of Muslims and Christian Dalits on par with Hindu, Sikh, Buddhist Dalits.

    Current reservation policy

    • At present, scheduled caste reservation is applicable only to schedule caste (Dalit) belongs to Hindu, Sikh, Buddhist. Currently it is unavailable for schedule caste belongs to Muslims and Christians.

    Why Muslim and Christian Dalit needs reservation?

    • In 2008 review-study commissioned by the National Commission of Minorities (NCM) and housed in the Sociology Department of Delhi The remit of the study was to conduct a comprehensive review of already existing social-scientific evidence that might offer answers to three questions.
    1. What is the contemporary status of Dalit Muslims (DMs) and Dalit Christians (DCs) in terms of their material well-being and social status?
    2. How does their situation compare with that of: a) non-Dalits of their own communities, and b) Dalits of other communities?
    3. Do the caste disabilities suffered by these groups justify state intervention?

    dalitWhat were the findings of study?

    • The study reviewed two main kinds of available evidence, ethnographic-descriptive and macro-statistical, in addition to semi-academic NGO reports and publications.
    • The survey of ethnographic materials began with the finding that the existence of caste divisions – including the presence of ex-untouchable castes recognised as such – among both Muslims and Christians – was beyond dispute.
    • DMs and DCs were identified and segregated much like their counterparts in the Hindu or Sikh communities.
    • Evidence was tabulated on five forms of caste-based social discrimination – the practice untouchability; enforced ban on inter-marriage; occupational segregation; social and cultural segregation and finally, economic discrimination.
    • The most common instances were separate mosques or churches (or hierarchically segregated seating); separate burial grounds; strict prohibition on inter-marriage with very severe punishments (sometimes extending to murder) for breaking this taboo; and general avoidance of social interaction and cooperation.
    • The main findings were that DMs are clearly the worst off among all Dalits, while DCs are somewhat better off than other Dalits except Sikh Dalits (who are by far the best off, especially in the rural sector).

    Why DMs and DCs doesn’t have reservation?

    • The courts accept that “caste survives conversion” but complain about the lack of reliable data. No recognition, no data; no data, no recognition.
    • Informal guesstimates (based on the 2001 Census and the 2004-05 NSSO survey) place the proportion of DMs at 1 per cent or less of the Muslim population, and DCs as anything between 40-50 per cent of the Christian population of India.
    • As per the 2011 Census, Muslims are 14.2 per cent and Christians 2.3 per cent of our population. Taken together, DMs and DCs are likely to form less than 2 per cent of the total Dalit population of India, more than 90 per cent of which is Hindu.
    • According to experts Adding DMs and DCs will not rock the boat of reservation, since the increment will be roughly one-fifth of the 10 per cent reservation readily granted to the upper castes as the Economically Weaker Sections.

    What efforts have been made to include Muslims and Christians of Dalit origin among SCs?

    • After 1990, a number of Private Member’s Bills were brought in Parliament for this purpose.
    • In 1996, a government Bill called The Constitution (Scheduled Castes) Orders (Amendment) Bill was drafted, but in view of a divergence of opinions, the Bill was not introduced in Parliament.
    • Then government headed by PM Manmohan Singh set up two important panels:
    1. Ranganath Misra Commission: The National Commission for Religious and Linguistic Minorities, popularly known as the Ranganath Misra Commission, in October 2004 and
    2. Sachar Committee: A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

    What did they recommend?

    • The Sachar Committee Report observed that the social and economic situation of Dalit Muslims and Dalit Christians did not improve after conversion.
    • The Ranganath Misra Commission, which submitted its report in May 2007, recommended that SC status should be completely de-linked from religion and Scheduled Castes should be made fully religion-neutral like Scheduled Tribes.

    dalitReception to these recommendations

    • The report was tabled in Parliament in 2009, but its recommendation was not accepted in view of inadequate field data and corroboration with the actual situation on the ground.
    • Few studies, commissioned by the National Commission for Minorities, was also not considered reliable due to insufficient data.

    Conclusion

    • Schedule caste community from all religion India suffers from same fate of untouchability. Change of religion unfortunately, have change their social status. If 70+ year of reservation of Dalit in Hindu haven’t substantially change their social destiny, we have to think beyond reservation for social dignity and economic empowerment of schedule castes in India.

    Mains question

    Q. Reservation policy in India is religion based and not based on overall social discrimination. Comment in the context of demand for Dalit reservation extension to Christians and Muslims Dalits.

     

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  • SC seeks Centre’s reply on issue of Marital Rape

    The Supreme Court has sought a response from the government on appeals to criminalize marital rape.

    Split opinions on Marital Rape

    rape

    • This follows a split decision from the Delhi High Court on whether or not to prosecute husbands for non-consensual intercourse with their wives.

    What is Marital Rape?

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

    Status in India

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Reasons for disapproval of this concept

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

    Why it must be a crime?

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

    Violation of fundamental rights

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

    Problems in prosecuting marital rape

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

    Present regulations in India

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

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

    Arguments against criminalization

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

    Way forward

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

     

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  • Highlights of India Discrimination Report, 2022

    Oxfam India’s latest ‘India Discrimination Report 2022’ finds women in India despite their same educational qualifications and work experience as men will be discriminated in the labour market due to societal and employers’ prejudices.

    About the report

    • The Oxfam India report refers to unit-level data from:
    1. 61st round National Sample Survey (NSS) data on employment-unemployment (2004-05)
    2. Periodic Labour Force Survey in 2018-19 and 2019-20 and
    3. All India Debt and Investment Survey by the government

    Key highlights

    (1) Decline of women in workforce

    • As per the Union Ministry of Statistics & Programme Implementation (MoSPI), LFPR for women in India was only 25.1 percent in 2020-21 for urban and rural women.
    • This is considerably lower than Brazil, Russia, China and South Africa as per the latest World Bank estimates.
    • The LFPR for women in India has rapidly declined from 42.7 percent in 2004-05 to mere 25.1 percent in 2021 showing the withdrawal of women from the workforce.

    (2) Earning Gap

    • There is also a significant gap in the earnings between men and women in the case of regular and self-employment in urban areas.
    • The average earning is INR 15,996 for men and merely INR 6,626 for women in urban areas in self-employment.
    • The men’s average earning is nearly 2.5 times that of the earnings of women

    (3) Communal aspects of discrimination

    • Oppressed communities such as Dalits and Adivasis along with religious minorities such as Muslims also continue to face discrimination in accessing jobs, livelihoods, and agricultural credit.
    • The mean income for SCs or STs persons in urban areas who are regular employed is INR 15,312 as against INR 20,346 for persons belonging to the General Category.
    • The rural SC and ST communities are facing increase in discrimination in casual employment, the report shows.
    • The data shows that the unequal income among urban SC and ST casual wage work is because of 79 percent discrimination in 2019-20.

    (4) Muslims and economic backwardness

    • Muslims continue to face multidimensional challenges in accessing salaried jobs and income through self-employment as compared to non-Muslims.
    • In rural areas, the sharpest increase of 17 percent in unemployment was for Muslims as compared to non-Muslims during the first quarter of the COVID-19 pandemic.
    • 6 percent of the urban Muslims population aged 15 and above were engaged in regular salaried jobs whereas 23.3 percent of non-Muslims are in regular salaried jobs in 2019-20.
    • The lower employment for urban Muslims attributes 68.3 percent to discrimination in 2019-20.
    • The report shows that the discrimination faced by Muslims in 2004-05 was 59.3 percent, indicating an increase in discrimination by 09 percent over the last 16 years.

    Recommendations from the report

    • Actively enforce effective measures for the implementation of the right to equal wages and work for all women.
    • Work to actively incentivise the participation of women in workforce including enhancements in pay, upskilling, job reservations and easy return-to-work options after maternity.
    • Work to actively challenge and change societal and caste/religion-based norms, around women’s’ participation in labour markets.
    • Strengthen civil society’s engagement in ensuring a more equitable distribution of household work and childcare duties between women and men and facilitating higher participation of women in labour market
    • Implement “living wages” as opposed to minimum wages, particularly for all informal workers and formalise contractual, temporary and casual labour as much as possible.
    • Extend priority lending and credit access to all farmers, regardless of social groups and penalize biased lending.

    Back2Basics: Labour Force Participation Rate (LFPR)

    • It is the percentage of the population which is either working (employed) or seeking for work (unemployed).
    • According to the International Labour Organisation (ILO), the LFPR is a ‘measure of the proportion of a country’s working-age population that engages actively in the labour market, either by working or looking for work’.
    • The breakdown of the labour force (formerly known as economically active population) by sex and age group gives a profile of the distribution of the labour force within a country.
    • As per the ministry of statistics and programme implementation, LFPR for women in India was only 25.1% in 2020-21.

     

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  • old age problems that we should address now

    old ageContext            

    India will be facing the immediate challenge –The ageing of the population. Challenge to ensure a decent quality of life for the old age people in the near future, planning and providing for it must begin today.

    Background

    • Life expectancy in India has more than doubled since Independence from around 32 years in the late 1940s to 70 years or so today, a historical achievement.
    • Over the same period, the fertility rate has crashed from about six children per woman to just two, which liberated women from the cycle of continuous child bearing and child care.

    What is ageing of the population?

    • Meaning: Population ageing is a shift in the distribution of a country’s population towards older ages.
    • Reason behind it: Decline in the fertility rate and Rise In the life expectancy. An increase in longevity increases the average age of the population by increasing the numbers of surviving older people.
    • Impact of the ageing population:, labor supply shortage, change in patterns of saving and investment, deteriorate fiscal balance, lack of adequate welfare system etc.
    • Challenges they impose: Social security, elderly Healthcare, Dependence on the family etc.

    What is the status in India?

    • According to the National Commission on Population, The share of the elderly (persons aged 60 years and above) close to 9% in 2011.
    • It is growing fast and may reach 18% by 2036.

    old ageProblems faced by elderly

    • Depression: According to survey by Abdul Latif Jameel foundation in Tamilnadu, 30-50% of people above age of 60 has a symptoms of depression.The proportion with depression symptoms is much higher for women than men, and rises sharply with age. In most cases, depression remains undiagnosed and untreated.
    • Loneliness: Loneliness one the major factor leading to depression. A large majority of elderly persons living alone are women, mainly widows.
    • Hardship of age: Monetary assistance can certainly help to cope with many health issues.
    • Poverty and poor health: Old age pensions are vital. Cash helps to lead a dignified life.

    old ageCurrent government schemes for elderly

    Pradhan Mantri Vaya Vandana Scheme – This is one of the most popular senior citizen pension schemes in India.

    • Designed for senior citizens above 60 years of age, the policy term of this Prime Minister Senior Citizen Scheme extends to ten years.
    • The pensioner can choose the frequency of the payment – monthly/quarterly/half- yearly/annually.
    • You can earn interest of 8% per annum over this scheme.
    • The minimum and maximum capping of pension are Rs. 3,000 per month and 10,000 per month, respectively

    National Programme for the Health Care of Elderly (NPHCE)–

    • Introduced in 2010, this scheme concentrates on preventive as well as promotive, care for the maintenance of overall health.
    • This program was launched to address the health issues faced by seniors.
    • The district-level objectives include providing dedicated health facilities in district hospitals, community health centres (CHC), primary health centres (PHC), and sub-centres (SC) levels through State Health Society.
    • These facilities maybe free or highly subsidized.

    Varishta Mediclaim Policy –

    • This policy aids seniors by covering the cost of medicines, blood, ambulance charges, and other diagnosis related charges.
    • Designed for senior citizens between the age of 60 and 80 years, this helps meet the health-related expenses of senior citizens.
    • Income tax benefits are allowed for payment of premium.
    • Although the policy period is for one year, you can extend the renewal up to the age of 90 years.

    Rashtriya Vayoshri Yojana –

    • This scheme provides physical aids and assisted-living devices to the elderly above 60 years of age that belong to the BPL (below the poverty line) category.
    • If senior citizens wish to avail this, then they must have a BPL card.
    • This is a Central Sector Scheme and is entirely funded by the Central Government.

    Varishta Pension Bima Yojana –

    • This pension scheme, launched by the Ministry of Finance, is for senior citizens above 60 years.
    • The LIC of India has the authority to operate this scheme.
    • Any Medical check-ups is not necessary to avail this policy.
    • It offers assured pension with a guaranteed interest rate of 8% per annum for up to 10 years –
    • You can opt for monthly, quarterly, half-yearly, and yearly pension – depends on how you’d like to receive it.

    Vayoshreshtha Samman –

    This scheme focuses on those seniors who have made significant contributions in their disciplines and recognized their efforts.

    It was upgraded to the National Award in 2013, and since then, awards have been granted below thirteen categories.

    https://www.civilsdaily.com/news/old-age-poverty/Conclusion

    • Social security pensions, of course, are just the first step towards a dignified life for the elderly. They also need other support and facilities such as health care, disability aids and assistance with daily tasks, recreation opportunities and a good social life. They can be the active contributor to the economy having the years of experience and mentorship to the demographic dividend.

    Mains Question Q.

    Discuss the challenges before our elderly today? What steps have been taken by government to address these challenges?

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